Real Estate Law
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Hi - my name is ***** ***** I'll be glad to assist.
How long has the house been there?
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.
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
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.
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.
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!
Please let me know if you need anything further. Also, please take time to positively rate our conversation. Thanks again!