Legal Question in Real Estate Law in California

Re: Lot Line Adjustments

address this as soon as possible with a competent attorney in your area.

Re: Lot Line Adjustments

I would need to ask and have answered several additional questions in order to give you a truly useful and accurate answer. Those questions would be:

1. Did either you or the seller employ an agent or broker to represent you in the transaction?

2. Do you have title insurance? Did you get a title report?

3. When you say "willingly or unwillingly," do you mean "knowingly or unknowingly?"

4. What do you mean by a lot line adjustment? Lot line adjustments are usually negotiated and carried out between neighbors, not between former owners and current owners.

5. How long has this situation (property line through house) been in effect?

6. Was your survey done by a licensed surveyor? Did the surveyor provide you with a map in addition to placing stakes?

California has laws that protect victims of fraudulent concealment of material facts in residential real estate transactions, and also has laws respecting adverse possession and for the protection of an innocent improver of someone else's real estate. There are also laws requiring brokers and agents to investigate and inform. However, without more facts, I cannot say which laws might be invoked to provide you with recourse or remedies.

I would say, however, that it seems rather likely that this seller knew there was a property-line problem and knowingly failed to disclose it, in which case you have a very good shot at a significant judgment for damages or perhaps to nullify the deal.