What is the name of your state (only U.S. law)? California
I purchased a house about a year ago unaware I had any boundary problems.
A bit later I noticed there seemed to be a missing fence next to my garage that separated my property from my side neighbor. The neighbor had been encroaching onto my property with sheds and piles of garbage leaning against the side of my garage.
By coincidence, the wind blew over a large portion of the remaining fence. I had worked out an agreement with the side neighbor to share the cost of building a wall. the original agreement did not include a survey for the property line. About half way through the project the neighbor wanted more property than was agreed upon. I paid for a survey and finished the wall (the neighbor refused to share the cost of the survey). The neighbor will not honor the prior agreement and will not pay anything.
He has since filed bankruptcy.
The survey I paid for revealed that the rear neighbor has taken 3 feet of my back property.
I have a block wall that was already there when I purchased the house.
The wall was built 3 feet into my property and there is a record of the wall with the City of Costa Mesa. Our Real Estate agent had found the wall drawing at City Hall before we bought the house. It has no coordinates or permit. It's just a drawing of a wall in my house file.
I have spoken to neighbors that have said the rear neighbor had moved fence lines at some point years ago.
What would it take to recover the money owed to me by the side neighbor?
If he doesn't list me in his bankruptcy, can I take him to small claims court later?
What would it take to recover the land taken from me by the rear neighbor?
Is there any protection that should have identified these problems before I bought the house?
Was anyone responsible for disclosing these boundary issues?
Many thanks,What is the name of your state (only U.S. law)?