I guess it's the encroachment issue. I don't want to buy something that I can't sell at a later date. It's a cute house, good for me, but a lot of people will spend a lot of money to buy here.I'm planning on staying here for a long time, but when I do sell, whoever buys it will want to tear it down, and go bigger, and higher.
If the neighbor's encroachment has existed for more than 5 years, then it's likely you will not be able to force them off the land. Hostile, open, actual, exclusive and continuous use of the property of another, without consent, creates ownership in the encroaching property owner. Code Civil Procedure § 318.I'm guessing that 5 years has passed, which means you can't force the neighbor off your property, or obtain damages for the encroachment. BotXXXXX XXXXXne, you get the property between the survey marks that are not encroached upon, and so will any successor to you who purchase the property.
But, if the encroachment is less than 5 years old, then you can sue the neighbor to quiet title and the court will either give you damages for the lost property value, or order the neighbor's property demolished (however, this is an extremely rare outcome). Hope this helps.
Yes, it been more than 5 years since the neighbors house was built. Is there such a thing as a 'grandfather' clause in this instance. My town is notorious for having houses built in the wrong places...
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