Legal Question in Real Estate Law in California

Re: Property line

Common problem. You were not entitled to rely on silence, only on a survey. You can look into whether the title company in escrow is liable [probably not]. The parties frequently resolve such problem by selling/buying easements or the property outright, or end up in litigation. Feel free to contact me if serious about getting legal help.

Re: Property line

Common problem. You were not entitled to rely on silence, only on a survey. You can look into whether the title company in escrow is liable [probably not]. The parties frequently resolve such problem by selling/buying easements or the property outright, or end up in litigation with everybody involved. Feel free to contact me if serious about getting legal help.

Re: Property line

Common problem. You were not entitled to rely on broker silence, only on a survey. The broker likely had no knowledge different than the deeds and descriptions, nor did the prior owner. You can look into whether the title company in escrow is liable [probably not]. The parties frequently resolve such problem by selling/buying easements or the property outright, or end up in litigation with everybody involved. Feel free to contact me if serious about getting legal help.

Re: Property line

California law provides several possible theories on which someone in your position may be able to get relief in the courts (or outside of court by bringing these theories to the neighbor's attention). I listed and described these in some detail in answering another question about a week ago, and you can probably find them under my answers on LawGuru, but I'll list them again briefly (if I can now remember them all):

1. Prescriptive easement; 2. Adverse possession; 3. Good-faith improver; 4. Agreed boundary principle; 5. Mistaken affixing of fixtures; 6. Equitable easement. 7. Encroachment relief. 8. Claim on your title insurance. 9. Failure to disclose by prior owner or broker.

If you contact me directly with additional facts, I may be able to assist you in finding a theory or theories that will substantially mitigate your loss and harm from this presumably innocent mistake of a prior owner. However, each of the seven theories has drawbacks and limits, and some may be near or beyond the statutes of limitations.

Re: Property line

I have experience litigating property line disputes, and related areas of law. You should give me a call for a free informative consultation. You may be surprised at what you hear, and what your options are. Do not communicate with anyone until you get the advice of an attorney who really knows this set of issues.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.