Dang Dude, re read the second paragraph of my response. You are worried about nothing. This stuff happens all the time, don't worry yourself about aerial encroachments.
No court is going to require an easement or such, for a minor aerial encroachment.
Again, Have a great week/weekend!
Any maintaining to do ?
Access to do so ?
Cheers
Derek
I sure hope this is not a case whereas everybody has been happy for 50 years and now a mathematical solution to the boundaries comes along??
Do we or should we know about the corners found?
Keith
We should all be VERY careful in ever recommending a "lot line adjustment". If the properties involved have any liens, mortgages, etc. attached to them, I have been advised by the legal community in my area that you could inadvertently give the lien holder cause to call the entire note due for altering the collateral of their lien. Getting the lien clearances could take months. They may not even like the idea of the easement. They have a SERIOUSLY vested interest in the property and keeping it as an A-one marketable asset.
JB, I would think that is excellent advice!
Keith
The local agencies in California generally require sign off from the lien holders on lot line adjustments.
99% of the lot line adjustments I've worked on were approved and signed off by the lenders. The only ones I remember being denied were where one of the property owners was in default. They generally require an appraisal and some fees to be paid, but unless the property is being drastically reduced in size or value, there usually isn't a problem. Even now when the loan to value ratio is not what it was, I don't see them calling in the loans because of lot line adjustments.
I see your point..
dmgonsal
Just to be clear about the facts here, do you want to tell us about the corners on each end of this line that is now causing the problem?
Just curious.
I am smelling something!
Keith
dmgonsal
Keith - It would certainly be interesting to find out what evidence led Dylan to his conclusion that the house is over the line, as it always is to hear about boundary determinations. I'm willing, for the purpose of this thread, to go with the premise that the boundary was determined properly and discuss what to do about it when this happens.
I don't know how much, if any, residential subdivision retracement you've done but although it's fairly rare, this situation comes up every so often. The last thing you want to tell somebody is that there is a house sitting on a property line so you probably spend a sleepless night or two and check and double check every step of your decision process. Usually, you can come up with a reasonable theory of how the mistake in laying out the house was made, like an odd-shaped lot where the builder measured the setback from one line without checking the other, something like that. Just because a house gets built doesn't mean it was built in the right place. Fences, either.
Steve
Hey, we have read about the problem, why not discuss how it happened and I assume it has to be the corner monuments or not.
I read too many posts on here and some with pictures about not accepting existing monumentation because they are not where they were supposed to be.
I really believe that some actually have the opinion that if they follow the record exactly by distances, their liability will be less. They simply will not accept existing monuments because of their bogus idea of "gross error".
We have no idea on this case and I think it would be interesting to be able to see the whole picture. Maybe the rest of the story.
Keith
Keith
I'm interested to hear about it too, but it seems weird to question Dylan's determination of the boundary line as it relates to a building in a thread about how best to deal with the situation of an "encroachment". It happens and not usually because somebody fails to accept a valid monument that doesn't match a record measurement. I'm going to be real surprised if the building in question was laid out from bona fide monuments and Dylan rejected those monuments in favor of measurements.
Steve
Maybe we can find out?
Steve
Right, but I'm not going to wait up all night for it. Good night.
> Dang Dude, re read the second paragraph of my response. You are worried about nothing. This stuff happens all the time, don't worry yourself about aerial encroachments.
>
> No court is going to require an easement or such, for a minor aerial encroachment.
>
> Again, Have a great week/weekend!
Maybe you have never dealt with an angry neighbor. Haven't heard of people spending $100,000 over a fenceline 1' over the property line.
I would say that the time to deal with this sort of infraction is while everyone is getting along. If you don't care and the neighbor doesn't care, write up the appropriate agreement to make it legal right now and get it signed; before a grouch moves in that demands you cut of part of your building. Or, sometimes, even if two neighbors get along now, sometimes things can go sour.
Boundary Determination
I really have no desire to post the resolution as cannon fodder...
Boundary Determination
So be it!
Keith
Boundary Determination
I will take it as a given that the boundary was determined correctly.
If the house is a teardown then I would seek a temporary solution such as a license.
If the house is permanent then I would prefer a permanent solution which is a boundary line adjustment. Or the owner may elect to remove the encroachment. I would suggest they check with a land use attorney if an easement or license is preferred.
Boundary Determination
If I am the landowner on the side where the overhang is overhanging onto....why would I agree to any boundary adjustment?
I did not create the problem!
Boundary Determination
You would agree because your neighbor is paying the costs, is paying for the ground taken and maybe to keep the peace in the neighborhood. However people's willingness to accommodate these things varies.
If the encroachment could be removed or is planned to be removed then I would be less interested in giving up ground myself.
Either way I think once the encroachment is disclosed it is in the best interests of the encroachee to get it cleared up one way or another. First, it is a disclosure item on any future sale of the property (neighbor's house is encroaching) and, second, it is liability issue. This was a huge problem at my former employer. What if someone gets hurt in the portion of the neighbor's occupation encroaching upon the State Park? Is the State now liable for that accident? It is best to clear up encroachments somehow even if it means giving up some ground.