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California real estate disputes due to encroachment

For many people in California, achieving the American dream means owning their own home. Unfortunately, reaching the goal of home or property ownership can sometimes result in additional conflict. For example, real estate disputes regarding property lines with a neighbor could lead to the need of court intervention.

Encroachment is one way in which property lines are called into question. If a neighbor places a structure that is on or intrudes on someone else's property, a dispute may occur. There are several different options to resolve such a conflict. Professionals recommend that a person who feels that his land is being encroached upon talk with the neighbor after taking steps to ensure the property's boundaries. In some cases, the neighbor may be able to move the shed or fence, for example.

If that is not possible, the land owner could decide to sell the property to the neighbor. This option may require the use of a real estate attorney to help ensure that all necessary information is gathered and provided to appropriate parties, including the mortgage lender. In some cases, the property owner may continue to allow the use of his or her property. If this option is chosen, giving written permission is an important step to avoid future conflict. If the neighbor has been encroaching upon the land for a significant period of time without a written agreement in place but under a claim of ownership, he or she could pursue an adverse possession action or request limited use of the property.

While many people dream of owning their own property their whole life, property owners in California can sometimes become involved in complicated real estate disputes. In order to protect the investment they have made, owners may need the help of an attorney experienced in real estate law. Because a neighbor has been encroaching on land for a lengthy period of time may have legal options allowing them to continue using the land, taking timely action may be necessary to protect the landowner's rights.

Source: FindLaw, "What Can You Do About an Encroachment?", Accessed on May 3, 2017

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