Legal Question in Real Estate Law in California

Hi, I purchased a house in California (90210)..1.5 years ago. When I had it surveyed i discovered that the neighbor had built a passage way that is on my property...about 3 feet....along one entire side of my property. I decided not to give him a hard time about it, as in reality it does not effect me. However, now he is selling his property, and i feel uncomfortable selling something that is actually mine. What legal rights do i have?


Asked on 3/13/13, 10:49 am

1 Answer from Attorneys

It would take a lot more information about the details of the encroachment to say what rights you have. The initial issue would be how long the encroachment was there, since there would be statute of limitations issues if it has been there a while. Whether anyone knew it was an encroachment and if so whether the previous owner at the time OK'd it, would also be key. If you are within the limitations period, and it was not a permissive encroachment, then you can do a variety of things, including negotiate for a lot line adjustment or easement, or sue to have it removed.

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Answered on 3/13/13, 11:35 am


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