Desert Hot Springs, CA asked in Real Estate Law for California

Q: I bought a property with a known encroachment. About 10' corner of my bldg hangs over their property line.

I decided to demo the piece off their side. County permit says get permission from the neighbor to access his land to demo. Neighbor not only says no access but the offending corner belongs to him! He purchased after me at tax sale

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2 Lawyer Answers

Ali Shahrestani, Esq.

  • San Francisco, CA
  • Licensed in California

A: Looks like you may need to negotiate or litigate a resolution as soon as possible to clarify the rights to the disputed section of property, as this may affect the legal rights and value of both properties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Thomas A. Grossman

  • Palm Springs, CA
  • Licensed in California

A: I am responding to a call from you recently today. I do not handle litigation cases, and I think that is where you are headed. Property law can be very tricky. Since you knew of the encroachment when you acquired the property, that portion of he encroachment would technically belong to the other side, especially if he/they didn't know about the encroachment. You would therefore have to bring a lawsuit against your neighbor and hope that you can find a defect in his title (or in his deed) that would give you that portion of land. That is an expensive proposition. Good Luck.

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