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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118635
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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The question: Is there a statute of limitations for builder

Customer Question

The question:
Is there a statute of limitations for builder errors?
How does this get resolved?Property A – The original owner. Evidence shows that the builder built a portion of the house approximately 5 ft. over property B’s property line, approximately 27 years ago .Property B – The neighbor, the current Owner is the second owner that purchased the house from property B’s, original owner, in 2007. Not from the builder.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under CA law there is a 4 year statute of limitations for building defects for breach of contract/negligent work. This time generally runs from time the defect is discovered and under the CA statute of repose for hidden building defects the statute of limitations is 10 years from date of the completion of the construction. So if this construction was negligently designed 27 years ago it is too late to sue for construction defects.
As far as the boundary suit, which is what would be used here, the owner whose property encroaches on the other property would have a claim for adverse possession based on his home being over the line for 27 years and can seek to get ownership of that 5 feet of property by adverse possession.
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