Monday, May 24, 2010

Buying a house which has small part of property occupied by neighbour?

i'm buying a house in los angeles, which has a little part of the land occupied by the neighbour. i did the survey yesterday and it shows that my neighbour encroach on my land.





i'm planning to ask the neighbour to remove everything he put on my land and will tell him that i'm going to put up a fence on my property after escrow is closed.





But just wondering what should i do if he refuse to remove his stuff and still claims that 's his property.





Thanks.

Buying a house which has small part of property occupied by neighbour?
it may very well be his property now. the way it goes is, if he has been "open and notorious" "has paid taxes on it" and nobody has complained for five years, he can claim ownership on the part of the property that he is encroaching on.


it is called, in legal terms "adverse posession".





if he does not meet these requirements, you will most likely need to send him a certified letter (even if he is next door) and tell him that you would like to discuss the issue and that it appears he is encroaching on your property.


if he refuses to speak to you about it, you must file a civil action against him to vacate and.....you would want to have the title company do it, since they are on the hook for the title insurance and they will not want you to sue them.
Reply:Take him to court and have a judge tell him to move over,and get a second opinion and make sure the property pins were not moved.
Reply:You're probably going to need a lawyer.

buckles

No comments:

Post a Comment