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Recent Encroachment questions

I own 2 homes adjacent to each other in Ca. Stanislaus

I own 2 homes adjacent to each other in Ca. Stanislaus countya fence was built encroaching on the properties in 2 areas front and rear yard. Can I grant an easement to the properties to avoid issues when I sell them.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Ca Stanislaus countyJA: Have you talked to a lawyer yet?Customer: No, just got the brain cramp when I looked up webJA: Anything else you think the lawyer should know?Customer: I own the properties free and clear

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Ely

Counselor at Law

Juris Doctor

63,650 satisfied customers
I am planning to have a contractor remove several trees on

I am planning to have a contractor remove several trees on my property and trim & shape others while they are here. My neighbor has four very large crepe myrtle trees whose limbs have grown over the property line and are restricting my plants from getting the rain and sun they need to grow. I want to trim my neighbors trees (just the branches) back so they do not encroach on my property. The contractors who are bidding on the job tell me that I can legally trim the neighbors trees back so they do not extend onto (or over) my property. I've heard this from other people as well, but would like to know specifically where "in the law" it says it is legal for me to do so. I am not expecting the neighbor to be pleased when she learns of my plans. I am getting HOA approval before proceeding and am giving each neighbor a copy of the project plan.....with drawings and a detailed narrative. Can you tell me what law gives me the right to trim my neighbors trees that have over-grown onto my property?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,242 satisfied customers
Am trying to build a roof on the side of an existing

HelloJA: Hello. What seems to be the problem?Customer: am trying to build a roof on the side of an existing structure and want to extend it from the side of the structure to the fence property line without encroaching on the neighbor's property. However although the roof will not encroach on the neighbors property, when it rains the water will land on his property. Is that or will it be an issue where legal matter will ensue?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: No

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3,810 satisfied customers
Corner of neighbors garage encroaches onto my property by 5

Corner of neighbors garage encroaches onto my property by 5 feet. She's in escrow & I'd like to resolve it before closing. My house built 1920, i assume this has been the case since her house built 1941. Not seeking tear down but want to ensure no trouble when i eventually sell.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Calif. /Los AngelesJA: Have you talked to a lawyer yet?Customer: She has. There is an easement offered for me to sign saying I'm granting continued use through eternity or until the garage is modified.JA: Anything else you think the lawyer should know?Customer: My main concern is that a potential buyer of my house may not like a 5 x 16 foot slice of pie that will be included in their annual tax bill

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LawTalk

Attorney at Law

Juris Doctor

32,386 satisfied customers
My neighbor has filed a letter to make me move parts of my

my neighbor has filed a letter to make me move parts of my irrigation system and a fence that terminates at their fence at a 90 deg. angle. my fence encroaches approx. 20 inches of their property. It shows this encroachment on both of our surveys, the irrigation system falls along the line of their fence. The fence and irrigation system have been in place 10 years or better. what are my responsibilities in respect to their claim of nuisance trespass.

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Loren

Juris Doctor

36,238 satisfied customers
We own 1 of 7 lots on a private street in Renton, WA. The

We own 1 of 7 lots on a private street in Renton, WA. The private street is located on two separate parcels not owned by any of the 7 lots. All 7 lots are included on an access easement agreement for one of the parcels, but only 2 of the 7 lots are on the access easement agreement for the 2nd parcel. Q1: should all 7 lots be included on the access easement agreement for the 2nd parcel? We do not need to access the 2nd parcel to access our lot. However there is road maintenance agreement that says all 7 lots will share costs equally for the private street and landscaping. Our position is that we are not responsible for the road/landscaping on the 2nd parcel unless we are granted access easement agreement. Is this a valid position?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,242 satisfied customers
My neighbor has a large oak that hangs over on my property.

My neighbor has a large oak that hangs over on my property.Some of the roots also are on my side.. He refuses to cut nor will he let me pay to cut.. What can I do.. In South Carolina..It cost a fortune to pay someone to clean the yard all fall and winter from leaves..

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RealEstateAnswer

Juris Doctor

29,690 satisfied customers
I have just found out my Mother (80yo) bought a property in

I have just found out my Mother (80yo) bought a property in N. Idaho that has a neighbors shed encroaching on her property by @ 200sq ft; with a 8x40ft strip of land via a 8ft fence offset. (With the fence encroachment it's more like 520sq ft total) The shed's gotta be @ 60 years old at least and the encroachment is obvious. Mom unknowingly let the encroachment be excluded from theTitle Policy and the Survey clearly shows the property lines identify the encroachment. The neighbor is simple folk that doesn't understand Adverse Possession and hasn't claimed it; but know they alsothink they own the land under it. I want Mom to get along with her neighbors; but she could lose this land & it restricts any future sale. Is there some kind of legal document ($1/yr perpetual lease maybe?) that would protect Mom and allow the encroachment at the same time before I have to file Action to Quiet Title? btw...is that no good dirty low down RE Agent liable for this? He clearly took advantage of a Buyer that may be on the edge of dementia.

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Irwin Law

Juris Doctor JD

8,424 satisfied customers
I have a tree that has roots growing into the yard next door

I have a tree that has roots growing into the yard next door and pushing up their sprinkler system. There are also limbs which extend over into their yard. I need to know if I am responsible for fixing this.

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Ely

Counselor at Law

Juris Doctor

63,650 satisfied customers
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