Legal Question in Real Estate Law in California

The attorney you hired should have taken care of that issue and made that part of your claim for damages. I do not know if he/she did; if they did not they may have committed malpractice. Certainly they should be asked to pay at least part of that cost, especially since it sounds as though it was an open and shut case where a settlement could have been negotiated with the neighbor [she will probably stay there until she dies so what ever you are paid by her does not come out of pocket as opposed to her heirs]. You need to call up the zoning department to see what they will do and allow. I do not see how that is a zoning violation as zoning deals with whether structures are allowable, not whether there is a trespass. What if you had given the neighbor permission to build on your property; could they deny her building the pool because it is not on her property -- no. As to your having to pay a fine for the violation, you did not violate anything, she did. But as to the line change you have agreed to it so the county may very well charge you as they supposedly are making you pay for the cost of their redrawing county documents showing where the new property line is.

not proof read

I agree with Mr. Shers that your former attorney left you with an unsolved problem, but maybe that wasn't included in the scope of work you paid him or her to do. As things stand, it is now up to the reasonableness of the permit folks to decide whether to issue a permit after everything you've done, although it seems unfair of them to have refused your permit in the first place, when the trespass wasn't your fault.