Legal Question in Real Estate Law in California

Notice to vacate property

This family was given permission by a minister of the Church to build their house on our land(because it is next to the Church) without asking the owner's prior oral or written permission to do so.

The minister who gave them permission is now deceased. The Church is also an interested party in purchasing the land.

How do we handle this since we are in the U.S.A.?


Asked on 9/07/00, 2:44 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Notice to vacate property

A house built on an owner's land without the permission of the owner may become what is known as a 'fixture' on the land and therefore the property of the landowner, not the builder. At a minimum, the house represents a trespass on your land.

Before reaching any conclusions about the situation, a lawyer would want to check the property records at the recorder's office very carefully to see whether a mistake has been made, by whom, and how it can be corrected. Building houses these days usually involves getting permits and loans, and the agencies that dispense these are usually pretty careful. There could be a dispute or misunderstanding about where the property line runs, or a dispute as to ownership.

It seems unlikely to me that anyone could or would finance, obtain permits for, and construct a house on someone else's land on the oral say-so of a minister alone. There are isolated cases of houses built on the wrong lot by mistake, however. The facts should be checked professionally and carefully.

When property is improved by the construction of a house, this results is a re-appraisal and increase in property taxes. Who was assessed the taxes and who is paying them?

See a real-estate attorney soon to prevent, if possible, any loss of rights due to adverse possession.

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Answered on 10/09/00, 2:30 am


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