Boundary Problems Due to Neighbor Building Too Close to Lot Line

**mordantly** · 07-09-2010, 03:48 PM

My question involves real estate located in the State of: CA

my neighbor developed my lot and the one on the opposite side in 2004-2005. in applying for building permits, he became aware that my lot line is 10" off the side of his 1910 house. he claimed the county would not let him build with no 5' setback, and he allegedly did a lot line adjustment on all 3 lots to make a 60x140 and 2 45x140s instead of the 10/1891 subdivision of 50x140. he never even applied for LLA, and somehow tricked the county into signing off every step of construction of my house with it's opposite side 1' off the property line. he has encroachments attached to his dwelling that an attorney told me i can't remove, the bushes/trees i already cut down after 30 days of no response from a demand letter. 3 months ago i got my land surveyed and monuments set/recorded. the other day among other hassles with this petty person, one of my monuments was pulled from the ground and stolen while i was gone.

my county court clerks tell me only harassment/money issues can be filed in civil court without an attorney. why do i need an attorney to get this matter in front of a judge? i suspect i need to do a quiet title merely to get the matter in court (even though i have a clear deed and corner records). the issue is i need a judge to tell this dork to stay off of my property and when i can remove/dispose of a window swamp cooler and partial fence that prevent me from building my fence on my property line.

he is going to try to claim "fire access" to prevent me from building my fence, but that is tough turkey. he neglected to LEGALLY resolve the issue 6 years ago. under the 5th amendment, i am not obligated to sell an easement but i might sell a license (and thus revokeable) for a hefty sum if he doesn't want to pay $200k to move his house 5 feet. another note, when it does get to court, his SOLE proof that his lot is larger than it actually is, is the site plan for my house that he told the architect that the lot was a fabricated size. i mean come on! i have 5 recorded documents that tell me exactly what i own!

**LandSurveyor** · 07-09-2010, 06:38 PM

If one of your monuments was pulled, it is a violation of California law.

That's unlikely to get you anywhere with the police, however, who will look at it as if it is a civil matter, between two neighbors.

What I recommend to my clients, as a surveyor, is to report it as "vandalism" which it certainly is in any state and let the police investigate a crime they understand. State no opinion as to who might have done it; the police can knock on doors.

As for the rest of the issues, the value of the property requires that you get an attorney to handle this for you. The downside financial risk of going up against the neighbor who has an attorney with you representing yourself is quite substantial.

**mordantly** · 07-09-2010, 10:49 PM

due to the fact that the missing monument offender would be purely speculation, i didn't do anything besides have to pay big money to replace it and set all four in concrete 2 of which have a 6'6" 4x4 set as well. the primary legal concern i have is not knowing how to get a civil case moving along without paying big money to an attorney i can't afford, and if it should be a quiet title or if there is some procedure specifically for encroachments / somebody "claiming" in their mind that some of your surveyed land is theirs.

all my docs will make it a very short and sweet litigation.