Full question:
This is about encroachment on my property from a neighbor... i have bought a house in Silver Lake LA in 2008. and found out after purchase that there may be an issue of encroachment according to my architect--the neighbor on the side of my driveway has used approx three feet of my land to build a concrete staircase from side walk to access their side door; which in turn completely blocks any potential access from my drive way to the back /kitchen door which is located on the same side of the driveway. In order for me to access my house, I have to use the front door that's accesible only with stairway; OR walk around the entire outside perimeter of the house to get to the backdoor; which is at times troublesome and inconvenient. I am also deprived the use of appro. 3 feet of space in the back yard which would leave potential for access to the backyard from another way. The neighbor just informed me he is selling his home. I thought it would be a good time to bring up the issue for discussion. I am hoping for a fair and amicable resolution. I am hiring a surveyor at this time, what's your advise for my legal rights to my property? What do I have to do to proceed to file a claim ? What needs to be done next? I have called the neighbor who is an attorney, he said to let him know about the result of the survey. Should he share the cost of the survey in case there is in fact an entrenchment as the estimate is $1900? Should I also bring this up to his realtor? I wish my had brought this issue up at the time of my home purchase.Your advice would be appreciated. Thank you.
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: California
Answer:
You may notify your neighbor about the encroachment, possibly leading to an agreement for an easement. A quiet title or trespass to try title action can establish land boundaries, allowing the court to issue an injunction to remove the structure or award compensation instead of removal. Courts typically determine property value based on expert evidence of comparable properties. To seek punitive damages for encroachment, you must show that the neighbor acted recklessly, demonstrating a disregard for your property rights.
An easement can be created through agreement, allowing limited use of your land by another party. Adverse possession laws enable someone to claim title to land after using it for a specified time, provided the use is open, notorious, and hostile to the owner's interests. In California, this requires five years of continuous use and payment of property taxes (Cal. Civ. Code § 325).
Typically, the cost of a property survey is negotiated between the buyer and seller. While the seller may not be legally obligated to pay for it, discussing the survey cost with your neighbor could be beneficial. It may also be worthwhile to inform the neighbor's realtor about the encroachment issue. Consulting a local attorney for tailored advice is recommended.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.