Legal Question in Real Estate Law in California
Lis Pendes or other options
I recently purchased a property where my neighbor was doing some grading and other ''improvements'' to her property. She tore down trees, put in a driveway and put up a fence dividing our properties. Due to the grading issues, the water run off runs onto my property and floods it coming very close to my house. I had a survey done and learned that her ''improvements'' were 12 feet onto my property. I spoke to her many times to correct the problems and she said she was listing her house for sale. She has now listed her house and intends on selling it without addressing the issues. She has damaged my property, removed trees, built a fence on and there is a potential for more damage if the drainage is not fixed. She did all the work without a required permit. Yet the officials won't do anything. What are my options?
2 Answers from Attorneys
Re: Lis Pendes or other options
Whoa! I would be much more cautious about using a lis pendens. Surely you have a pretty strong case for damages arising out of trespass to your property and probably for private nuisance. However, a lis pendens is only appropriate for giving public notice of actions that affect the ownership or right of possession of the parcel which is the subject of litigation. You would, therefore, be limited to filing the lis pendens on your own property. The neighbor may be totally in the wrong, but no one is disputing her right to own or possess the property described in her deed. A lis pendens is therefore inappropriate and using one could get you in deep hoo-hoo.
Instead, find a competent real estate attorney in your area that understands trespass and nuisance law and, using your surveys as ammunition, immediately commence an action for trespass, private nuisance, and perhaps ejectment and for injunction with respect to the threatened illegal discharge of concentrated storm runoff.
Your lawyer may find some basis for filing, serving and recording a lis pendens (notice of pendency of action), but on the facts submitted here, it looks to me as though you'd be setting yourself up for a slander of title lawsuit from the neighbor.
Re: Lis Pendes or other options
You need to file suit ASAP and put a Lis Pendens on the neighbors property. If she sells it, the new buyer may take free and clear of your claims and your only recourse will be for money damages against the current owner. Call me first thing.
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