we had an in-ground pool and hot tub put in our new home and now find that the hot tub is over our property line on common area owned by the hoa.

what options do we have besides moving the hot tub?

Asked on May 28, 2009 under Real Estate Law, North Carolina


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Do the neighbors know about it?  if they do, do they care?  if they do care, maybe you can negotiate a deal to pay them for that little particular overhang.  this way, your deed can be re-written to incude this additional land and there is no encroachment issues.  If the neighbors are unaware of this, then i recommend doing nothing as you can acquire that property over time if the neighbors say nothing.  If there is a issue, then you need to be care and make sure you have a lawyer involved that can assist you in resolving this.

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