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
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, www.AliEsq.com. 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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
