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to the simple question of: can an estate borrow money? The answer is yes. It happens quite often. Situations where the heirs pay for utilities on a house or taxes or any such debts owed by the estate but where the estate does not have liquid assets to be able to be used are often done so as a...

who owns the documents? Have they ever been introduced as evidence in any court action?

You might check your deed and the HOA CC&Rs to determine if the encroachment hasn't been formally addressed already. If it has not been addressed, I have not checked the specifics for a prescriptive easement but in general terms, it requires 7 years for a claim to ripen. That would mean you...

sorry, misread the date. couldn't figure out how to delete my post in its entirety.