Legal Question in Real Estate Law in California

Re: Neighbors wall encroaches on our property

I agree with Mr. Bravos. You may own the part of the wall that's on your property, but the law doesn't favor your resorting to self-help to remove it, and the questions of ownership of the underlying land, the wall, and the proper remedies, allocation of costs, etc. should be determined by a court of law upon the introduction of evidence in a suit for quiet title, trespass and other related causes of action. In fact, ownership of the wall is not the big issue; it will be whether you are entitled to an injunction requiring its removal. You will probably be awarded such an injunction based on the facts here, but in certain fact situations courts can and do refuse to enjoin what are clearly encroachments - usually where the encroachment is innocent or negligent rather than willful and where the burden of removal is way out of proportion ro the harm done.

In your case, the neighbor is disregarding the facts and this will probably deprive him of any equitable right to maintain the encroachment after judgment.

Re: Neighbors wall encroaches on our property

If the nieghbor is uncoopertive, then there is little choice but to file suit. The HOA may also be enjoined for failing to follow the CC&R's. Contact me directly.

Re: Neighbors wall encroaches on our property

Find out for sure what the HOA has done. Ask to see a copy of the minutes of the hearing(s) when approval of the wall was discussed and voted on. Find out if there is a sub-committee or separate group that initially reviews such plans. See if there are local building regulations that must be followed and write the manager of the complex if the wall is in violation of those rules as they are binding on the HOA. Point out to the neighbor, in writing, that if there is any encroachment he will have to tear the wall down and if he does not within a reasonable time you reserve the right to do it at his expense, and the improper behavior of the people he hired. Find out if the workers are employed by a contractor or just hired by the property owner. See if you can be somewhat friendly to the neighbor as no matter what you will continue to be neighbors. If the HOA acted under rules that had been amended from the original CC&R's, at some point you might want to check to see if the amendment was done legally. Determine if you really want the wall to be built and if so if you want some changes in it that you want to discuss with the neighbor.

Good luck.