weird situation with boundary question

[seniorjudge]

Geez, what part of "go see a lawyer" don't you understand?

Agreed.

OP, we can "even if" forever here but it will not help you.

 

[bbear401]

it has been my experience that people can do anything,,doesn't mean they have a right too

Bill

 

[Morgan05]

Does anyone know if the city can decide gfro is committing a “setback violation?” The city could say the mobile home needs to be “x” amount of feet from the side boundary of the lot.

Although the addition was legal before the loss of one of the lots, there may be a setback violation (as a result of the addition encroaching on the other lot) now. If so, there may be a daily fine by the city to consider, which could add up quickly.

Therefore, gfro may have to consider the city, as well as the neighbor, taking action. The neighbor may not have to take legal action to have the addition removed. All they would have to do is alert the city about the "setback violation," resulting in fines or the removal of the addition.

 

[gfro]

I agree -we will be seeking lawyer help if we can't work this out, but I am just trying to see if this expensive process is likely to be for or against us (I know we can't take any of this advice or opinion as gospel) . We appreciate all opinion for or against us and especially anyone who, as bbear has , gives us examples and book references.thanks....

 

[bbear401]

I would aviod the county for as long as possible,,there is a chance that this was an illegal subdivsion or partition, gererally when one holds land in unity of ownership and builds or uses land as one contiguous lot it becomes merged. ,but then what to do,,,,who would own the whole lot,,the poster or the adversary. It would then have to be determined if cali is a race state or a notice state as the recordeing of documents goes. in a race state first one to aquire deed is winner,,,in a notice state first one to record or notice the deed is the winner,,but with all law,,cases goes both ways. here in rhode island we are considered a race/notice state, this way the courts can go to the intent of the grantor and apply equity

Bill

 

[gfro]

I don't believe this was illegal subdividing.There are lots across the street the same size as ours with homes on them. This was a county tax sale we bought it at -it wouldn't be very nice of them to sell us an illegal lot. Thanks...