How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31590
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Real Estate Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I live in northern California. I recently discovered my

Customer Question

I live in northern California. I recently discovered my neighbors house extends over on my property by about 7 inches.
I would like it removed. What are my options?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

How long has the house been there?

Expert:  Roger replied 1 year ago.

The reason I ask is because under CA law, if the house has been across the line for at least 5 years AND if the neighbor has paid taxes on the property at issue for that period of time, it is possible that your neighbor has adversely possessed the land.

Expert:  Roger replied 1 year ago.

If you want to force the removal of the portion of the house that extends into your land, you would have to sue the neighbor for trespassing and encroachment and ask for an order directing the neighbor to remove the portion of the house UNLESS the neighbor has adversely possessed the property. Here's a good link you can read: http://www.nolo.com/legal-encyclopedia/state-state-rules-adverse-possession.html

Expert:  Roger replied 1 year ago.

If the neighbor hasn't paid taxes on the propert, you're likely going to have to sue and spend money on a survey to prove where the line is.

Then, if you are correct, the judge could order the property to be moved. Also, an alternative would be to have the neighbor pay you for the stretch of property and avoid the cost and expense of litigation.

Expert:  Roger replied 1 year ago.

Since this is a relatively minor portion of property, you may prefer to try to resolve this short of filing a lawsuit as it could cost more money than it's worth.

Expert:  Roger replied 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation. Thanks again!