Legal Question in Real Estate Law in California
Our neighbor built his house on our property
We have property in Lake Tahoe. Recently, someone bought the lot next to ours and built a HUGE home. The chimney and some of the house itself is one or right next to the property line. The city planners say we have to prove this at our cost before they'll do anything about it. If we let this ride without doing anything, will there be a problem when we sell our lot? Will the neighbors be entitled to the part of our property they now inhabit? Thanks!
3 Answers from Attorneys
Re: Our neighbor built his house on our property
yes, it will be a problem later, and you might loose your property. Have a survey done and bring suit, if needed, against your neighbor now.
Joel Selik
Attorney: California and Nevada
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Re: Our neighbor built his house on our property
It would take the adjacent owners at least 7 years to perfect title to any of your property on which the house was built. I suggest that you hire a survey of your property, which should cost about $1000 or so, to confirm where the property line is located. Then, you will have the "proof" that the city planning commission needs. If the house in on your property, you have legal rights to protect. If the house is not, even if your views are blocked, you are out of luck unless there is a violation of CCRs. Ultimately, if the city will not do anything you will need to file a lawsuit to "quiet title."
Re: Our neighbor built his house on our property
Time is never on your side in a situation like this. Based on fact you did not take action while construction in progress could cause problem. Call if you wish to discuss. If you wait they could in fact have "right" to let it be even if in violation. A survey will be necessary to provide proof of violation. Call if you wish to discuss further. Don Holben
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