Legal Question in Real Estate Law in California
Shared Space
There is common space between my and my neighbors house. This space was unused by either party. He decided to lay some concrete down, not advising me, and install a drain for rain run off. He laid this concrete over my property line. I now want to run a fence from front to back yard, in order to use this space for pool equipment and A/C equipment storage. He is saying that now is his space by the fact he laid the concrete and installed a drain. I say no, he crossed my property line, without my concent, laid the concrete, and now he says I should pay or reliquish the property. He does not want me to place my pool and A/C equipment on ''his'' property, or wants me to pay for half the cost of what he did with the concrete. Note: He never asked my permission to lay concrete, cross my property line, or asked for me to share expense of this. I have been living in same house for 26 years. I just want to be able to use this ''shared'' space for storage etc.
Thanks
4 Answers from Attorneys
Re: Shared Space
If he installed concrete on your property, you can force him to remove it. It's a simple as that. You are not required to pay him for anything. This is a serious issue. In the event you want to sell your property, you may have unmarketable title as part of your property is being utilized by the adjacent property owner.
Give us a call if you want to pursue the removal of the concrete. Sometimes a simple letter will resolve the problem. We have filed lawsuits of this kind in the past and can help you with your situation.
Re: Shared Space
You have every right to use your portion of the property for any manner that is not a nuisance and so long as it does not encroach on your neighbor's portion. Have the property surveyed to make sure you know where the property line is, then make use of your space. You need not consult your neighbor, but you should just to keep on good terms. If he objects, it's up to him to follow through on any legal threats. If he becomes a nuisance, call the authorities on him. But try to make peace first. If that doesn't work, go about your business. Good luck.
Re: Shared Space
The issue will be how long ago did he lay down the drain? I have fought case just like this and won. Contact me.
Re: Shared Space
How long ago did your neighbor lay the concrete down? Adverse possession requires a hostile and notorious take over of the property which is continuous for a 5 year period. Otherwise, it's a trespass. Your neighbor does not sound like he's interested in removing his concrete, so take him to court if you have exhausted all other means. If you go to small claims court, plaintiffs cannot appeal, the plaintiff must prove his case by a preponderance of the evidence and last, sometimes the judge will give a 50/50 split to the defendant. On the other hand, regular civil court is very expensive since it is difficult to fight this type of battle without counsel.
In regards to your evidence, be sure that you get a survey of the property and photos of the encroachment.
If you need legal help, feel free to call me. Otherwise, good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
