Legal Question in Real Estate Law in California
Property line dispute HOA, CA
Our HOA townhome complex was
built around 1967. We bought the
townhome in 2005.
Upon planning a new fence in 2006,
we noticed that our patio area and
fence line was shown to be larger
than it currently is. Both county
planning and the accessor have
same drawing on file. We hired a
surveyor, who confirmed the
map was correct our
property line extends 7 ft more into
the common area.
The accessor confirmed we are
paying taxes on the larger parcel.
Two owners want to grandfather it.
(The area is just more lawn which no
one uses). They want to have a vote
by the entire HOA.We have agreed to
pay for moving sprinkler heads and
relandscaping outside the fence.
1 Answer from Attorneys
Re: Property line dispute HOA, CA
Dont agree to anything until you talk to a lawyer. I believe the law is that the land is yours, as my initial impression. So the HOA is going to disregard the law, and have a vote on whether they get the land? First, I have a feeling I know how the HOA will vote (in their own favor). Instead of the vote, hire me to write a letter explaining the facts and law to them. I will make it clear that the property is yours. I have litigated similar property line/easement assessor map/survey issues. I will make clear in my letter that if you HOA does not agree, they may spend money defending a case when they have no valid defense, and thus waste valuable HOA money.
Email my office.
Best,
Daniel Bakondi, Esq.
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