HELP! Neighbor Invasion - Taking Over my Mom's Property

[Phil K.]

Years ago, my mother purchased a small lot of vacant land inside a small town in northern California.  

My mother hadn't checked on the property in over five years, and recently received a notice in the mail from a town resident informing her that my mother's next door neighbor had been taking over the lot.  This neighbor unknown to my mother, had built a chicken coop, play area, parks his vehicles on the lot, installed a garden and to top it off - built a wire fence around my Mom's lot!  This neighbor moved in about three years ago and reportedly started making improvements two years ago. Ironically, the neighbor's spouse also contacted my Mom through country records before to ask if my Mom was interested in selling. According to my Mom, she seemed like a "nice lady". Of course, she didn't reveal to my mother that they had been taking over the lot. Unfortunately, they were unwilling to come to terms on a price. Even though my mother hadn't visited the property, she has paid all the annual property taxes.  She believes the land is worth under $30k and is actually considering selling it, to be rid of this problem.  My mother did not have "Private Property - No Trespassing" signs up.  

Furthermore, the town resident who reported this to my mother describes the neighbor as confrontational, known for fistfights and causing problems and has sued people in the neighborhood for other things.  He is not the kind of person I want to personally deal with, let alone my blessed Mother.

Current Plan:

1. Notify the local sheriff office.  File a trespassing complaint to see what they can do - give them an ultimatum to move all their stuff off in 30 days or less (?)

2. Pay to have a survey done on the land to ensure the property lines are clear.

3. Hire a realtor to market the property to get it sold in short order - not sure if a realtor would market a property with somebody's stuff on it.

4. Consult and maybe hire a real-estate lawyer to serve as a mediator in all potential interactions with this individual.

Questions:

A. What are your thoughts on this current plan?  Issues?  Concerns?  Would you do anything different?

B. What are home-stead laws in California?  If my Mom has been paying the annual property tax, does the neighbor have any legal standing to lay claim or file suit against us?

C. How should we protect ourselves moving forward without costing a fortune - do we need to hire a real-estate lawyer?

D. Anything else we should consider?

All advice appreciated!  Thanks ahead of time!

[Wayne Brooks]

Put your. Big Boy pants on...give them notice to  ease trespassing and get their stuff off your land or it will  all be taken to the landfill.