• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Neighbor Encroachment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

yahoobob

Junior Member
What is the name of your state? California

I am in escrow on a vacant lot on which I would like to build a house. One of my contingencies was that the seller had to provide a survey of the lot. The survey shows that the neighbor's house encroaches on the vacant lot by about two feet. The neighbor also has a deck, steps and fence that encroach another three feet for a total of five feet. This lot is small, only about 4000 sq ft. so this is actually fairly significant. The house has been there since the 1930's, the deck and fence are much newer. I don't know how old. To further complicate matters, the owner of the vacant lot previously owned the encroaching house. She sold it to the current owner last year. She claims not to have known about the encroachment so she did not disclose it to the current owner of the house.

I could just walk away from the deal, but I would rather buy the lot. There aren't any other lots available in this neighborhood. Clearly the current owner of the lot needs to settle this issue with the current owner of the encroaching house. The sellers of the lot want to know what I want. Obviously the guy is not going to have to tear down his house. Can he be compelled to cut the deck back to the property line? Can the property line be drawn right up against his house? Will his lack of setback from the property line effect my setback? I am looking for the solution that will leave me with the most buildable area.

Thanks for any advice.What is the name of your state?
 


lwpat

Senior Member
You will need to check with the county codes about the setback issues. Since she owned both lots, she could build anywhere she wanted. The problem is the encroachment after selling off the first lot. The person that bought the house has a claim and you are on notice of the encroachment. Either work something out or pass. This is not something you want to spend a lot of legal fees on.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top