An Encroachement leading to Adverse Possession, something that we have dealt with many times in managing forest land.  And spent a lot of time in court as an expert witness.

These can go either way, depending on the judge and other circumstances.

Get a good attny and hope for the best.

Ownership is determined via the expensive and long drawn-out legal process. It could be that the property boundaries get re-established and the offending lot owner may have to pay the offended lot owner. 

I do not want to get into what this is called because someone may wrongly believe I am practicing law without a license. 

Encroachment comes to my mind ... but see disclaimer statement above.

This is good stuff.  We are not talking about a fence here ... we are talking the actual house extends across the property line.  Opps 

        Adverse possession.  Open, hostile, notorious.  Ultimately, a Judge is going to decide.  Get it surveyed, bring in the lawyers.

Depends upon the level of encroachment. Adverse Possession would not apply to a new build though - it hasn't been long enough.

However, I would do everything I could to play nice - ask the Offended Lot owner to sell that corner and have the Offending Lot owner/builder pay for the survey to redraw the lot, pay for the attorney to record both new Deeds and offer a fair price to the Offended Lot owner for the sliver of land.

Good luck, John!

I am not a lawyer so I'm opting to call this situation anything.  Just my opinion.  Good luck.

Bob Crane has a good answer.  We have had these types of situations often in Central Oregon. Just dealt with one in which the septic drain field from the offending lot was on the property our buyer was purchasing.  We have had other situations in which entire buildings are built on the wrong lot. In these cases, we have had lot line adjustments made in which a portion of the property was purchased by the offending party, recorded easements made to accommodate the building, or one time I remember a handyman went out with a chain saw and sawed off 2 feet of a shed encroaching on our seller's property.

You have an enchroachment. I would first try to negotiate a deal with the vacant lot owner. Do you know who owns the vacant lot. 

I did this once and the two owners came to terms on a price, had a lawyer draw it all up on a contract, got the survey and the lawyer handled it with the county. 

Wow, interesting situation. Thank you, Bob Crane for sharing your experience.

I forget how long it takes but it has to be continuous use of 15 to 20 years in IL. 

Ask one of the Utah kids what it's called. Offended lot looses the land.

This would be encroachment and could be settled nicely between neighbors, or through the courts.  The offending lot owner would need to buy the portion of the neighbor's lot or remove his structure from that lot.

Here to what is already mentioned, i believe in CA, if the land or property is not claimed for a number of years, the ''offender'' can become the legal owner... you'll need a legal assistance on this one: ''Generally speaking, if you have been occupying lands that you do not own, rent or otherwise have permission to use in excess of 12 years (or in the case of Crown lands 30 years), without any objection from the registered owner, you can claim what is known as “adverse possession”.''

Interesting situation. A real estate attorney can answer that one for you John Juarez. 

I can see a potential Adverse Possession scenario. I would be interesting seeing how the land court would take care of it. 

This is a great question and I am so glad you asked, just in case I ever come across this in the future - which I hope I don't.  Sounds like someone is going to have to get an attorney to get it straight.  

Sounds like a great question for a real estate attorney.

Might be a case of adverse possession. Definitely calls for a lawyer to handle it. 

I think the best way to hande that is by doing a BLA. Boundary Line Adjustment. If the Offending lot can pay a reasonble fee to the Offfended lot and pay for the BLA and new survey plats, that will cure it. Other options are (a) Move the house (b) remodel the house and remove the part that over the line.  It depends on how much of the house is across the existing property line. (c) offender can purchase the lot, then do the BLA, the resell the lot if he/she doesn't want it.

I agree with Bob Crane almost like squatters rights.

John, sounds like it's time to consult with your local real estate attorney. 

Adverse possession as I remember it has to be adverse and not just ignored. Were one or both parties unaware?

Besides Adverse Possession like Bob Crane stated, you could also go with SNAFU or FUBAR. I'd imagine. Best of luck to your clients, I hope they are ready for this. Might need to find the builder as well as the surveyor on this one.

Good luck with this one. Please let us know how it turns out.

This is going to take some research on the part of the municipality that issued the original permits for the offending & offended properties. Somrwhere in that mess you'll find an answer how to move forward. The term you're looking for is SNAFU John!

I think that's a good question for an attorney. It's adverse possession and the result with depend on the survey, and the judge! Maybe there can be new property lines drawn.

John,

Real Estate lawyers, like Bob Crane stated.  We wish you the best of outcomes.  A

that's huge problem.... it a home that encroaches someone else's lot!!! buying an easement might be one way of resolving it....or selling a strip of land.... but attorneys need to be involved...

It is not an easement and It probably is a violation and may need to be corrected or another solution negotiated.  

I call it an opportunity for two attorneys to make a little dough. 

If the "error" went unnoticed for many years without any objections, the Offending Lot owner can gain possession via a legal process called Adverse Possession. Check with your state as to how many years of possession are required in your state; I have seen 10 and 15 years (NY and CT), but time can vary between 5 and 40 years, depending on the state. If paperwork is filed properly, court should rule in favor of Offending Lot and that "offending" piece of property would become legally his. Best to check with a local attorney.

Adverse possession if it's been that way for a while. Get an attorney involved.

John Juarez complicated!

Bob Crane nailed it.

If they paid documented taxes for five straight years with notice (adverse possession) they may have a claim if not it is subject to litigation with the outcome being demolition via court order plus damages, costs & fees

You have to check your state law. The home owner should purchase the other lot.

Adverse possession,, contact an atty

PRESCRIPTIVE EASEMENT

An easement acquired by Adverse Possession is called a prescriptive easement.   

The land that's burdened by the easement, or the "offended" parcel, as you put it, is called the servient tenement.   The "offending" parcel, as you put it, is called the dominant tenement.

Well it depends. There is an encroachment for sure. Not an easement, but perhaps indeed adverse possession. It all depends on your state laws, and how the parties want to settle this.

Been in that situation before, in AZ, and the 'offending party' was ordered by the county to demolish the part of the house that was encroaching because it was not built to code by not having sufficient space between the structure and the lot line. The house had a part that was 'illegal'. That resolved the situation.

Title companies will upon examination of a current survey issue an encroachment note allowing title to transfer. As to ownership of the encroached portion, another issue!

It depends how long it was not noticed. I have had 2 of these in the last 4 years. the neighnors agreed on a lot line adjustment making the lot look like steps instead of a square. But both were happy

35 year is the time limit. Adverse possession I think.....

LEGAL Question 

Talk to a real estate attorney.

Lawsuit against the surveyor?

Adverse Posession. Time to consult with Attorneys. 

Top of mind, i'd think encroachment.

Bottom of mind, i'd say a good attorney and judge will be needed...

Personal thoughts, it could go in several different directions.... (hence attorney)

Good luck.

I am dealing with this situation right now, as the previous homeowners "made a deal", but conveniently forgot about it when they signed papers at closing.

I 've seen this before and have found a land swap to be the best solution

John Juarez - this is why I like Q&A section.

Learning from other answers.... 

Thanks for asking.