What is the name of your state (only U.S. law)? Sonoma County, CA
We bought a home in 1988 (second owners). Home was built in 1966 and in-ground pool built in 1972. Nothing on disclosures about pool being built over the neighbor's property line. We did not have a survey as pool had approved County permits and all looked OK. We sold in 2006. Our buyer did not do a survey and signed off on all contingencies.
Buyer did a survey a year later and found that 3/4ths of the pool and wood deck is over the property line. Have not seen survey but it would seem that a strip about 15 feet by 200 feet is involved. His property is about 2.5 acres. He wrote neighbor and offered to buy the strip and pay all survey and recording costs. Neighbor said "No, remove the pool".
This is on a mountain top and the pool/boundary drops off at a 45 degree angle down about a thousand feet. It is unbuildable. Neighbor's house is about a half-mile south and west of the pool. Neighbor has 133 acres.
Early on, our selling agent asked us to draw a map of all the iron pipe boundary markers I could find (7) and put a wood stake in the ground where I thought the 3 lost IPM's would be and mark them "Approx". I did this. The one wood stake by the SW edge of the property is the one causing all the problem. This is the location of the pool.
We are being sued by our buyer for fraud and negligent misrepresentation. The two RE agents are being sued for breach of fiduciary duty and constructive fraud. His lawyer missed a deadline for setting up mediation, to which we agreed. So, hence the complaint.
Our lawyer has filed an answer to the complaint and filed a cross-complaint. So here we sit....waiting for the judge and lawyers to meet in August to discuss how to proceed. We did not include the nutty neighbor in our filings as we have no "standing", apparently, and the neighbor could come after us for legal costs, should she prevail.
Any thoughts on how we can get the unreasonable neighbor with the 133 acres to sell 1/15th of an acre to our buyer and make this go away? Is there not a legal tenant that "neighbors shall be in agreement"?.
My feeling is that our RE agent gave us BAD advice about mapping the property markers. The Coldwell Banker lawyer representing the two agents has agreed to come to mediation. Might try to involve the title company but that would be a long shot.
Any comments would be much appreciated.
We bought a home in 1988 (second owners). Home was built in 1966 and in-ground pool built in 1972. Nothing on disclosures about pool being built over the neighbor's property line. We did not have a survey as pool had approved County permits and all looked OK. We sold in 2006. Our buyer did not do a survey and signed off on all contingencies.
Buyer did a survey a year later and found that 3/4ths of the pool and wood deck is over the property line. Have not seen survey but it would seem that a strip about 15 feet by 200 feet is involved. His property is about 2.5 acres. He wrote neighbor and offered to buy the strip and pay all survey and recording costs. Neighbor said "No, remove the pool".
This is on a mountain top and the pool/boundary drops off at a 45 degree angle down about a thousand feet. It is unbuildable. Neighbor's house is about a half-mile south and west of the pool. Neighbor has 133 acres.
Early on, our selling agent asked us to draw a map of all the iron pipe boundary markers I could find (7) and put a wood stake in the ground where I thought the 3 lost IPM's would be and mark them "Approx". I did this. The one wood stake by the SW edge of the property is the one causing all the problem. This is the location of the pool.
We are being sued by our buyer for fraud and negligent misrepresentation. The two RE agents are being sued for breach of fiduciary duty and constructive fraud. His lawyer missed a deadline for setting up mediation, to which we agreed. So, hence the complaint.
Our lawyer has filed an answer to the complaint and filed a cross-complaint. So here we sit....waiting for the judge and lawyers to meet in August to discuss how to proceed. We did not include the nutty neighbor in our filings as we have no "standing", apparently, and the neighbor could come after us for legal costs, should she prevail.
Any thoughts on how we can get the unreasonable neighbor with the 133 acres to sell 1/15th of an acre to our buyer and make this go away? Is there not a legal tenant that "neighbors shall be in agreement"?.
My feeling is that our RE agent gave us BAD advice about mapping the property markers. The Coldwell Banker lawyer representing the two agents has agreed to come to mediation. Might try to involve the title company but that would be a long shot.
Any comments would be much appreciated.