The need to delimit territories has been around for a long time – after all, even the ancients rightly noted that “my home is my castle.” But if earlier disputes over land plots often ended in family feuds for decades, today, it would seem, there are enough technical and legal ways to avoid any problems…
And yet, here’s yet another similar story from the user u/driftpeppers, who once bought a house, and then the county assessor expressed the opinion that the neighbors had managed to build several buildings on part of their territory.
More info: Reddit
The author of the post bought a house in a rural area in California – and faced some land-related issues soon after
Image credits: prostooleh / Freepik (not the actual photo)
The county assessor expressed an opinion that the neighbors’ house and garage were, in fact, partially built on the author’s plot
Image credits: driftpeppers
Image credits: freepik / Freepik (not the actual photo)
The sellers, however, kept silent about these possible issues – they didn’t say a word neither before the deal nor after it
Image credits: driftpeppers
Image credits: Drazen Zigic / Freepik (not the actual photo)
According to neighborhood hearsay, the author even suspects the sellers of colluding with neighbors against them
Image credits: driftpeppers
So the newly minted homeowner took it online seeking some advice from the netizens
This story is actually quite simple and, quite possibly, not so rare. The Original Poster (OP), having bought a house and a plot of land in a rural area in California, found out that part of the plot that now belongs to them has a house built by their neighbors. And, what’s saddest, they found out this after the deal.
Yes, the county assessor reported that, in their opinion, the neighbors’ house is located right on the OP’s territory. And that the original poster, as the new owner of this plot, will now have to either put up with the de facto loss of part of their property, or take some legal action.
What is important is that this house, according to the planning office, doesn’t exist. But it does exist in reality, even with a garage and a fence, “eating away” about 0.6 acres of land belonging to the author. At least, according to the assessor. And this is about 10% of the land that the OP owns.
The house can also be seen on Google Maps, and it seems that the only place where it cannot be seen is the official real estate registers. The author, not without reason, suspects that the sellers of the plot deliberately kept silent about this situation. And, perhaps, even colluded with the neighbors. At least, the OP draws this conclusion based on some neighborhood hearsay.
As a result, the author asks three questions at once. First – what can be done here? Second – does the very fact of the purchase of the land by the author somehow affect the situation? Finally, the third, also interesting – what will happen to the neighbors when (if?) the county or surveyor finds out that there are unpermitted buildings crossing the lot line?
Image credits: Curtis Adams / Pexels (not the actual photo)
Well, the main advice that can be given in this case is – if you are sure that you are right, simply take legal action. At least because the construction of buildings without any permit entails liability not only under the laws of California, but also almost all over the world.
“Failure to obtain a building permit is a violation of Contractors License Law. Further, construction performed without a permit can expose a homeowner to additional liability and costs,” the Contractors State License Board official website claims.
“If you suspect a violation has occurred, please fill out a Building Permit Violation Referral form. CSLB will contact the contractor regarding the permit allegation and take the appropriate disciplinary action,” the same source says. So this is probably almost the first action that the author should take. Well, and, of course, contacting their lawyer too.
And, of course, no one should neglect the services of a land surveyor – especially considering that the original poster themselves notes that their property is in a rural area, where demarcation is often more difficult.
“Accurately defining property boundaries is essential for property owners, developers, and government agencies to know what land they own and what land they are responsible for maintaining,” Setia Geo Solutions corporate blog says. “Land surveying helps to avoid disputes between property owners by providing accurate and reliable data on property boundaries.”
Well, most of the advice from people in the comments also urged the author to quickly address this issue from a legal perspective. “Get a lawyer, ASAP! You said it was less than 10 years so you probably won’t have to worry about adverse possession, but you need to get this sorted now,” one of the commenters wrote. “Lawyer is going to recommend a survey, I would get one as soon as possible,” another one added.
Other responders also believe that a land survey is quite critical here. “You need to get a survey, then if it shows the neighbor is on your land you need to talk to a lawyer,” is roughly the brief plan of action that commenters advise the original poster. And have you, our dear readers, ever encountered a similar problem in your own life experience?
People in the comments were simply unanimous – the author should order the land survey and then take legal action against the possible squatters
