Real Estate Law
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Thank you for the information and your question. Although you did not personally build the house incorrectly, it is your property that they are alleging is encroaching. Your neighbor has a cause of action against you as the property owner and you would have a cross complaint against the builder. In other words, the neighbor has to sue you if they sue anyone and then you have the legal right to sue the builder (assuming you bought the house from the builder.) If you did not buy the house from the builder, then you would contact your Title Insurance Company who would have to defend the suit if the Title Company gave you a general warranty deed that says you have good title.
If you are served with papers in a quiet title action, or some other cause of action by your neighbor, then you need to immediately either contact a local real estate attorney to represent you and file a cross complaint against the builder to bring them into the suit (again if you bought from the builder) or contact your Title Insurance Company and forward the documents to them so that they can defend the suit and they will decide who, if anyone, they can bring in as a defendant. Also, just keep in mind that your neighbor could be wrong. Only a title search and survey can say for sure whether you are encroaching.
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Thank you for your reply. No, waiting wouldn't make any difference if this is a structure. On the other hand, if it is just materials dumped on their property, then you wouldn't be responsible at all. They can go after whoever dumped the rocks. The key is whether you. or someone who had privity with your property (like the builder) has built a structure, like a house or fence or some solid wall, etc., that encroaches.
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