Legal Question in Real Estate Law in California

Re: encroachment issues

This sounds like a very serious problem. If your new house is encroaching, you may have a claim for adverse possession or a prescriptive easement. Also, if known by the prior owner, these matters should have been disclosed to you during escrow. Depending on the circumstances, you may want to cancel the deal. Alternatively, you may have claims against the seller or other parties.

My suggestions is that you run, not walk, to a real estate attorney with experience in litigation. You need some advice immediately. Please call me at (310) 787-7577 if I can be of assistance.

Re: encroachment issues

There are potentially numbers of parties against whom you have claims that will not solve your problems in the short or long-term. I have numerous questions that cannot be answered here. There is lighted the end of the tunnel but I'm not sure if there is a pot of gold via the rainbow. Since we now know what your neighbor is made of me know that the spirit of compromise is not within her makeup. I would love to invite you but I don't have enough facts upon which I could base any semblance of advise. After practicing real estate law in the San Francisco Bay Area for more than 30 years now I tSimple facts very complicated potential situation. It sounds like the deal was closed and you've taken occupancy. hink I have a handle, at least somewhat, Boucher problem. I do forsee potential lawsuit in your future, more likely one were you are plaintiff and I would hope victorious. Minimally, I think that you have a prescriptive easement. I can give you technical terms you just won't understand them in most probability. What it means you have rights to have your house where it is, construct the tent, paint your house maintain an upkeep to your residence and/or seek damages against your neighbor for precluding you from doing what is reasonable and necessary to your property. If you wish to consult with the time and 925 -- 945 -- 6000.

Re: encroachment issues

The way to handle this is to bring a declaratory relief action. You probably want the assistance of an attorney, but you could do it yourself if you want. Since the facts are basically undisputed, it should not be too expensive even if you are represented by counsel.