Real Estate

Encroachment conflicts: You be the judge

By From page C3 | January 25, 2013

Mr. Appleseed purchased a two-acre hillside lot in Camino in 2006 where he intended to build his retirement home. In 2009, after retirement, he hired an architect to design his custom home and spent other money in preparation for building. Prior to issuing a building permit, the county required a survey of the property. The survey revealed that part of the neighbor’s barn was intruding several feet onto his property, called an encroachment. Mr. Appleseed demanded that the neighbor remove the portion of the barn that was encroaching. When his request was denied, Mr. Appleseed filed suit against his neighbor seeking a court order to force the removal of the barn, called an injunction. He also sued both the listing and selling agents who were involved in his purchase for their failure to disclose a significant and visible property defect that affected the current and future value of the property.

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Ken Calhoon

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