Real Estate Law
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Thank you for the information and your question. If you are not yet the owner of the property, you can't do anything from a legal perspective. You should think hard before closing on a piece of property when there is property line dispute since you will be taking the property subject to that dispute which could cost you additional funds in legal fees.
The current owner, if they cannot convince the neighbor that they are encroaching over the property line, can file a quiet title suit and the court, if this is the neighbor does have their wall beyond the property line, can order the neighbor to move it and absorb the expenses related to that. If this doesn't get done before you purchase the property, you will have to go to the expense of hiring an attorney and filing suit. If you didn't need this land, which it appears you do, then the current owners could agree to a quit claim transfer of that strip in exchange for payment from the neighbor. That though does not sound like an option, so thus the need for a quiet title suit either by the current owner (which most attorneys would recommend), or by you, once you close.
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Thank you for your reply. I did understand the facts and my answer was based on those facts. So, to summarize, you, or the current owner will have to file suit for quiet title if the neighbor doesn't voluntarily remove the wall. Asking for permission is not a legal solution and is at the whim of the neighbor and shouldn't be done if that is your property.
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