There are many reasons to have your California home appraised. You might be looking to sell or refinance your house. Maybe you are getting a home equity loan or another type of loan. You could even be appealing your tax assessments. Whatever the reason is for the appraisal, getting the appraisal results back will be such a relief, right? Finally, all of that time and effort put into gathering information and scheduling the appointment will be paid off. Finally, you’ll have your answer. But wait! Not so fast! If you’re like many people, you may encounter property encroachment issues while going through the appraisal process.
Dealing with encroachments on your California property can be a headache. Here at Osborne Homes, we want you to be aware of your options. Because if you are unable to afford to correct an encroachment in real estate, we will take it off your hands – we buy houses FAST with cash – and we will fix the easement ourselves. Why? Because we are Osborne Homes and that’s what we do! More about that, is below. For now, here is everything you need to know about California homes that may be affected by encroachment(s) and what to expect if yours is one of them.
What Is An Encroachment?
An encroachment in real estate is also sometimes referred to as encroaching land. It is defined as any improvement on your property that infringes upon your neighbor’s property.
Here are some examples of encroachment:
- A fence post that extends over the property line
- A section of your driveway that crosses onto your neighbor’s land
- A pool that was built too close to the property line
- An addition that extends over the boundary
Encroachment vs. easement: what’s the difference?
Easements are, in essence, encroachments. They each involve a property owner making extensions over a neighbor’s property. The difference is this: encroachments are unauthorized and many times unknown. Easements are discovered encroachments where both parties agree upon continued use.
What are all the property line encroachment laws in California?
Property line encroachment laws in California outline how to handle situations where a property owner’s land or improvements extend onto a neighbor’s property. These laws aim to ensure fair resolutions and typically involve a professional survey to confirm actual property boundaries.
Boundary surveys
A licensed surveyor may need to establish official property lines to determine if an encroachment exists. Without an updated survey, disputes can be difficult to resolve, and property owners may risk making uninformed decisions that could lead to costly legal battles or unwanted property alterations.
Encroachment removal
If an encroachment is proven, the encroaching party may be required to remove the infringement. This could involve moving a fence, tearing down a structure, or modifying landscaping that extends beyond the property line to comply with legal property boundaries.
Compensation
In some cases, the property owner affected by the encroachment may be entitled to financial compensation instead of removal. This is especially true if the encroachment has been in place for a long time and removing it would be unreasonable or excessively costly.
Legal action
If disputes cannot be resolved amicably, court intervention may be necessary to determine the next steps. A judge may order the removal of the encroachment, financial compensation, or the formal establishment of an easement allowing the encroachment to remain legally.
Property Line Encroachment Laws California
What is the California Encroachment Statute of Limitations?
The statute of limitations for encroachment in California sets a deadline for property owners to take legal action against unauthorized use of their land. Missing this window could limit your ability to reclaim your property.
Trespass claims
If a structure extends onto your land without permission, you typically have three years from when you discovered it to file a lawsuit.
Prescriptive easements
After five years of continuous use, the encroaching party may gain the legal right to continue using your land.
Adverse possession
A neighbor who occupies your land for five years, pays property taxes, and meets legal criteria could claim ownership through adverse possession.
Acting within these timeframes is essential to protecting your property rights. If resolving an encroachment is too costly or time-consuming, Osborne Homes can buy your house as-is for cash—no legal battles, no repairs, just a fast and easy sale.
How Can I Tell If a Neighbor Is Encroaching on My Property?
If you suspect an encroachment on your property, there are several steps you can take to confirm it and protect your rights. Identifying encroachments early can help you avoid legal complications and costly disputes.
Here’s how to check for property encroachment:
Verify property boundaries
If you have a property survey, compare it to physical landmarks to see if structures extend beyond your boundary lines. If you don’t have a survey, you may be able to find one online, at your county records office, or at the local library.
Inspect structures or improvements
Walk your property and carefully examine fences, driveways, additions, or landscaping that seem to extend past the property line. Look for any signs that a neighbor has built onto your land without permission, which could constitute encroachment.
Take action if necessary
If an encroachment exists, you’ll need to address it. This could mean negotiating with your neighbor, requesting removal, or pursuing legal action to enforce your property rights. The sooner you act, the easier it will be to resolve the issue.
Sell your home as-is
If dealing with an encroachment is more trouble than it’s worth, Osborne Homes can buy your home as-is, for cash. We handle the encroachment issue after purchase, so you don’t have to.
What If Your Property Is Encroaching on Someone Else’s?
If your property is found to be encroaching on a neighbor’s land, you’ll need to take steps to resolve the issue. The right approach depends on the severity of the encroachment and your neighbor’s willingness to work with you.
Make minor adjustments
If the encroachment is small, such as a fence or landscaping that extends beyond your property line, you may be able to move it easily. Simple modifications can prevent potential disputes and legal action from your neighbor.
Negotiate with your neighbor
If the encroachment is more significant, such as a structure built over the property line, you may need to reach an agreement. Some homeowners create a legal easement or even purchase the affected portion of land to resolve the issue.
Be prepared for potential costs
Fixing an encroachment can get expensive, especially if it involves moving a driveway, pool, or building addition. If the cost is too high, you might need to explore legal options or work out a financial settlement with your neighbor.
Sell your home and walk away
If resolving the encroachment is too costly or stressful, Osborne Homes will buy your house as-is, even with encroachment issues. We handle everything, so you can move forward without the hassle.
Who Do You Contact if There Is an Encroachment on Either Side?
If you discover an encroachment on your property, taking the right steps can help you resolve the issue quickly and efficiently. Open communication and legal resources can prevent unnecessary disputes and expenses.
Talk to your neighbor
Your first step should be to discuss the issue with your neighbor. They may not even realize the encroachment exists, and you might be able to agree on an easement or split the cost of removing the encroachment.
Contact local authorities
If an agreement can’t be reached, reach out to your local planning department or building inspector. They can determine whether the encroachment violates city ordinances or zoning laws and may offer guidance on how to proceed.
Seek legal assistance
If the problem persists, an attorney can help you explore legal options, negotiate with your neighbor, or, if necessary, represent you in court. While legal action is a last resort, it may be required for significant disputes.
What Are the Consequences of Avoiding an Encroachment Situation?
Ignoring an encroachment on your property can lead to serious financial and legal consequences over time. The longer you wait, the harder it may be to resolve the issue.
Loss of property rights
If an encroachment remains unchallenged for too long, you may lose the legal right to dispute it. In some cases, the encroaching neighbor could even claim ownership of the land through adverse possession.
Decreased property value
Encroachments can make it harder to sell your home or reduce its market value. Buyers may hesitate to purchase a property with unresolved boundary disputes, leading to lower offers or lost sales.
Legal and financial liability
If someone is injured on an encroached portion of your land, you could be held responsible. Additionally, structural damage caused by an encroachment may result in costly legal battles and repair expenses.
What Happens if an Encroachment Dispute Goes to Court?
If property owners can’t resolve an encroachment issue privately, the matter may escalate to a court case. Legal proceedings determine the rightful property boundaries and what actions should be taken to resolve the dispute.
Here’s what to expect in an encroachment lawsuit:
Survey and property boundaries
The court will likely order a professional survey to establish the official property lines and determine whether an encroachment has occurred. This survey serves as key evidence in the case.
Removal or compensation
If the encroachment is confirmed, the court may order the encroaching party to remove the structure or pay financial compensation to the affected homeowner. This decision depends on the severity of the encroachment.
Legal fees and additional costs
The court may require the encroaching party to cover the legal fees, attorney’s costs, and court expenses of the affected property owner, making the process even more financially burdensome.
How Long Does It Take for a Judge to Make a Decision?
Encroachment cases can take months, or even longer, to resolve in court. Various legal procedures must be completed before a judge can reach a final ruling, which can prolong the process significantly.
Reviewing evidence and arguments
The judge must examine all submitted evidence, including property surveys, contracts, and legal documents, as well as hear arguments from both sides before making a decision.
Considering legal precedent
Judges must evaluate past legal cases and applicable laws to ensure their ruling aligns with legal standards. This process often involves extensive legal research and interpretation.
Expert testimony requirements
In complex cases, expert witnesses such as surveyors, property appraisers, or land-use specialists may need to provide testimony, further extending the timeline before a final judgment is made.
Can You Sell a House With Encroaching Land?
If your home has an encroachment issue and you’re considering selling, it’s important to understand how it may impact the sale. While selling is possible, encroachments can create challenges in the traditional real estate market.
Here’s what to expect when selling a home with encroachment:
You can still sell traditionally
Encroachments don’t necessarily prevent a home sale, but they may require additional disclosures, negotiations, or legal resolutions before closing. Some buyers may be willing to proceed despite the issue.
It may reduce buyer interest
Many buyers hesitate to purchase a home with property disputes, which could lead to fewer offers. Some buyers may require the issue to be resolved before they agree to move forward with the sale.
You might receive lower offers
Because an encroachment could pose legal or financial risks, buyers may submit lower offers to account for potential costs. This can lead to longer selling timelines and price negotiations.
Osborne Homes: Your All-Cash, Swift Solution To Property Encroachment Challenges Is Here!
Osborne Homes has a completely different approach. We offer the best solution for how to handle property encroachment – We want to buy your house for cash, even WITH the encroachment. That answers your whole dilemma! In fact, we will handle everything and, once the sale to us is final, we will do the work to correct the encroachment. Maybe the best part of all of this is that since we pay all cash, we are able to close FAST.
