Legal Question in Real Estate Law in California
Property survey line dispute with neighbor
Hello, I purchased my small home 2.5 years ago.
It is on a 25 ft. wide small lot. An 80 year old home that resided there has since been sold and the new owner has squeezed in two new houses each on 25 foot wide lots. He has informed me that he had it surveyed and in the front where you enter my house
his survey shows I have 18 inches of his land. He wants me to give him this land but it will really encroach on my 10 ft walkway entrance which is no more than 4 feet wide now. He mentioned before also that in the back yard area he has 4-14 inches of my land on his side. He waited until it was fully done to start wanting the space. It is just not the
fence in question he would build the new fence and take away the cement path that has existed since the house was built 14 years earlier by the original builder/ owner. What are my rights here? Thanks so much. --name removed--
1 Answer from Attorneys
Re: Property survey line dispute with neighbor
Each of you has the right to occupy and use all the real estate you own, and to remove trespassing users and uses. Courts can and occasionally do order the removal of buildings constructed on the wrong land. However, courts also prefer to take a practical view and resolve such matters by awarding monetary damages reflecting the actual harm done to the owner of the land trespassed upon.
If I were in your position, I would first inquire into the survey itself. Did you see it done? You can probably get a copy at the courthouse.... many surveys are recorded with the county recorder. Also, look to see if the surveyors left any monuments or other markings. If need be, call the surveyor who did the work and ask him to show you the boundaries. They may do this for you for little or nothing.
If your neighbor's information turns out to be accurate, your next step is to negotiate...you might also look at your title insurance; it probably won't cover this situation, but who knows, it might.
If your neighbor seems adamant or threatening you should take all the information to a real estate attorney and ask for assistance in negotiating and writing up a settlement that will keep you out of court. Whether you can work something out depends on how reasonably the parties behave and how major an impact the lot-line errors will have on long-term use and value of the respective properties.
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