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neighbors barn partially on my property

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J

jml12

Guest
What is the name of your state? California

I just had a survey done of my property and discovered that my neighbors barn/in-law unit is 5-6" on my property. This barn has been there a long time, maybe since 1927 and they recently remodeled the upstairs into an in-law unit without following the legal permit process. We have gotten along well as neighbors over more than a decade and hate to cause problems but this is one of the most expensive areas in the country and it would greatly affect my property value to not have this next to/on my property. So, I need to understand my rights and options. I know I need to find a real estate lawyer but would like a idea of what I'm getting into. Thank you.
 


HomeGuru

Senior Member
jml12 said:
What is the name of your state? California

I just had a survey done of my property and discovered that my neighbors barn/in-law unit is 5-6" on my property. This barn has been there a long time, maybe since 1927 and they recently remodeled the upstairs into an in-law unit without following the legal permit process. We have gotten along well as neighbors over more than a decade and hate to cause problems but this is one of the most expensive areas in the country and it would greatly affect my property value to not have this next to/on my property. So, I need to understand my rights and options. I know I need to find a real estate lawyer but would like a idea of what I'm getting into. Thank you.
**A: the solution is an encroachment agreement.
 
J

jml12

Guest
what are my rights?

I would like more information on the extent of my rights in this case so that I have a better idea of the whole picture: do I have a right or not to ask that the barn be moved? ask for rent? do they have a right to keep the barn there? is there a time immediacy to resolving this as the survey was just done?

thanks,

Jean
 

HomeGuru

Senior Member
jml12 said:
I would like more information on the extent of my rights in this case so that I have a better idea of the whole picture: do I have a right or not to ask that the barn be moved?

**A: yes, but let's get real, how easy would it be to move a barn?
********
ask for rent?
**A: improbable.
*******

do they have a right to keep the barn there?

**A: maybe.
******
is there a time immediacy to resolving this as the survey was just done?

**A: no.
********

thanks,

Jean
**A: sure..........
 
J

jml12

Guest
I talked to a lawyer this week and it is more complicated because in California there is a subdivision act that basically prohibits easements that are similar to a land transfer. Since I cannot use the land that the barn is on, this applies. He thinks a temporary encroachment agreement for no more than 5 years may pass scrutiny but there must be a clause that the neighbor will remove the encroachment at that time. He says I can ask for immediate remedy but I would prefer to give them more time for relations sake. He says the other possible solution - selling the land to them - is not possible as my lot is already less that the minimum lot size for the area.
 

HomeGuru

Senior Member
jml12 said:
I talked to a lawyer this week and it is more complicated because in California there is a subdivision act that basically prohibits easements that are similar to a land transfer.

**A: what is this lawyer talking about? Thei issue does not fall under a subdivision act nor would the encroachment agreement be similar to a land transfer.
**********

Since I cannot use the land that the barn is on, this applies. He thinks a temporary encroachment agreement for no more than 5 years may pass scrutiny but there must be a clause that the neighbor will remove the encroachment at that time.

**A: what? The barn is not a temporary structure, it is on a permanent foundation. Therefore a temporary encroachment would not suffice. Is this attorney really a real estate attorney?

*******
He says I can ask for immediate remedy but I would prefer to give them more time for relations sake. He says the other possible solution - selling the land to them - is not possible as my lot is already less that the minimum lot size for the area.
**A: oh brother.
 

FarmerJ

Senior Member
Suggestion Use the links up top to locate a NEW real estate atty and ask them if its possible to write up a encroachment agreement that expires if any act of nature or a fire destroys the structure . If your city has a formula for declaring a structure destroyed and condemnable the Atty you find can use that info to help draw this up .
 

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