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  1. #1
    Join Date
    Aug 2015
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    Default Selling Your Neighbor a Strip of Land to Resolve an Encroachment

    My question involves real estate located in the State of: CA
    It was recently brought to our attention that our fence is not located on the property line (after having the property surveyed) and needs to be moved over 3 feet onto the neighbors side. We need to replace the old fence and I gave the neighbor 30 days to removed their landscaping and other items so we can replace the fence on the correct property line. The neighbor just responded with an offer to buy this piece of land ~ 230 ft.²
    First, I am not even sure I want to accept the offer. Secondly, the amount being offered seems low. How do I find out what is a fair price?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Neighbor Offers to Purchase Land She is Encroaching

    You can hire an appraiser. Fundamentally, though, it's a subjective matter -- you need to decide what amount you would deem reasonable. You would also need to make sure that the boundary line can be lawfully adjusted, and it would be sensible to have the buyer cover all costs associated with the redrawing of the boundary line and creating and registration of the new deed.

  3. #3
    Join Date
    Nov 2013
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    Default Re: Neighbor Offers to Purchase Land She is Encroaching

    Quote Quoting Mr. Knowitall
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    You would also need to make sure that the boundary line can be lawfully adjusted,
    I don't think this is about a boundary dispute. It appears that OP's fence was not placed on the property line so now neighbor wants to buy the 3 foot strip of land. That in itself is a recognition of the true boundary.

    I don't see any impediment to a boundary line adjustment if both parties agree and OP's lot will not become non-conforming.

  4. #4
    Join Date
    Aug 2015
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    Default Re: Neighbor Offers to Purchase Land She is Encroaching

    What we were offered seems very low. Where can I find out what the average cost per square footage is. I understand that at the end of the day we both need to be agreeable to this amount and right now I am sure they offered a low amount so there is room for negotiation but I am not sure where to go for my end of the research.

  5. #5
    Join Date
    Oct 2011
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    314

    Default Re: Neighbor Offers to Purchase Land She is Encroaching

    I think Mr. K told you how to go about it - see above. And the first offer is always a lowball.

  6. #6
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    Default Re: Neighbor Offers to Purchase Land She is Encroaching

    Quote Quoting budwad
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    I don't think this is about a boundary dispute.
    I didn't suggest that it was. However, even when the parties agree on a new boundary line, local zoning rules may prevent it from being formalized -- minimum lot size, setback rules, etc.

  7. #7
    Join Date
    Oct 2007
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    Ohio
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    2,592

    Default Re: Neighbor Offers to Purchase Land She is Encroaching

    You are in California.

    Thousands and thousands of dollars may be involved in the lot line adjustment. A boundary survey of both parcels will be required, and perhaps the survey will have to be extended beyond in order to meet requirements. The fact that we have a three foot misunderstanding suggests that boundaries in the neighborhood may be in flux. If in a platted subdivision, a replat will be required, with all of the bureaucracies involved. Here in Ohio I have done simple replats which have required thirteen signature blocks on my plat including my own. This sort of exercise can be surprisingly expensive, particularly in California. And if you have a mortgage on your property, you will need a release from the mortgage holder before you can sell any part of your parcel.

    Turn down the offer. No one is likely going to pay for the actual costs, which may well exceed the costs of just the 230 sf of land. Unless you and the neighbor know the approximate actual costs up front, this offer could evaporate very quickly indeed at some future point.

  8. #8
    Join Date
    Aug 2015
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    Default Re: Neighbor Offers to Purchase Land She is Encroaching

    We did have the property surveyed. The reason for the incorrect property line is that the previous owners didn't survey the property when they had the fence put in and didn't place the fence on the correct property line, leaving the neighbors with 3 feet of property. I am leaning towards turning down the offer but worry that the neighbor will then try to claim prescriptive easement and then we'll go to court.

  9. #9
    Join Date
    Oct 2011
    Posts
    314

    Default Re: Neighbor Offers to Purchase Land She is Encroaching

    You can easily find yourself in a place where things become $$$$ etc. And drawn out. And adversarial. How important is it to you to move the fence vs giving them permission to use 230 sq.ft as they have been? This solves the bit about buying for the time being and making it a more amenable situation with neighbors who share a common border?

    Also, I would look at it one way which is - "did you really miss this bit of property before you knew you had 230 sq.ft?" Personally, I find it a good first step that the abutter actually offered something vs. saying outright I'm gonna take it from you, or other. That said - these land bits all circle around someone's core values. I think being a good neighbor comes first vs. anything else.

  10. #10
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
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    395

    Default Re: Neighbor Offers to Purchase Land She is Encroaching

    With a recent survey, a lot line adjustment should be pretty simple. However, this being in CA, many local jurisdictions seem to make it their mission to take a simple process and make it as complicated and as expensive as they can get away with. Depending upon where you are located and how simple the adjustment is, and this one sounds like the transferred portion could be described as "beginning at the front corner common to Lots XX and YY, thence 3', more or less (whichever direction) to a fence as it exists in October 2015, (whichever direction) along the fenceline, approximately parallel with the line common to Lots XX and YY to a point adjacent to the (other) corner common to Lots XX and YY, said point being perpendicular to the line common to Lots XX and YY at said corner, thence 3' more or less to the (other) corner common to Lots XX and YY, thence (whichever direction) to the point of beginning".

    If it is a matter of writing descriptions and preparing a simple exhibit sketch, the surveyor may charge as little as $300, and local agency review fees (depending upon jurisdiction) as little as about $500. If the job requires more surveying (of the other parcel for example), the surveyor's fees could go into the thousands. Also, depending upon the jurisdiction, local government fees can go into the thousands. Generally, the more metropolitan the community, the more difficult and expensive the local agencies will cause the process to be.

    As Mr. Knowitall said (and if he doesn't know it all, he seems to know quite a lot), talk to a local appraiser. An appraiser can either inspect the property and give you a number specific to your situation, or he might be able to give you a benchmark figure for the average value of residential land per square foot in your area. However you arrive at a value, use that as a counteroffer, also requiring your neighbor to pay the professional and governmental review and approval fees for the lot line adjustment.

    Look at the positive side, with your neighbor offering to buy the strip, you've already cleared the first and most difficult hurdle that most in your situation can't seem to get to. We get more questions from people about either how to lay claim to land that they recently find isn't theirs, or how to kick someone off land that someone recently discovered was theirs. Rarely do we hear of the situation where someone readily offers to buy and the other party agrees to consider the idea.

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