If an earthquake moves a house onto another property, whose house is it?

Question

In the early 19th century, I read, this happened--in the kingdom of Naples, a man's house was transferred onto another man's property due to an earthquake; a higher court ruled that the house now belonged to the second property owner. How would this case be handled now, in particular in a U.S. court, but also in other jurisdictions? (Give sources.)

Answer 1

We have this today.  People own the house but they don't own the land it sits on.  The owner of the land does not own the house.  The homeowner pays a "lease" for the land.

The owner of the house would have a certain time to move the house off the 2nd piece of land ( 6 months would be about right) and everyone is right back where they started.

If a tornado blows my shirts and pants onto your property, you don't own them.  Same with the earthquake house above in your question. /

Answer 2

Expert Realtor evidently doesn't know real estate law, and ED Atun is right PS : Ed Atun is correct...in Many STATES, Washingotn and Hawaii  you get a 99-year lease from the state, County or City, and this is called Lease hold estate and for Expert Realtor this is Appraisal School 101. Also before you try to give expert advise you should know what you are talking about.  

Answer 3

It's not relevant in today's society.

An insurance company would write it as a total loss, and the original homeowner (if he had earthquake insurance) would be reimbursed for the total loss.

The items inside, would be the original owner because they are personal property, not real property, therefore, not attached to the land.....no different if a car was moved to someone else's yard...you don't lose the car!!!

Think about it:  If an earthquake was strong enough to move a house to another parcel...do you think anything would be left of it to be moved BACK?

PS :  Ed Atun is incorrect...in NO STATE except for Hawaii do you own the house and NOT the land it's sits on.  In Hawaii you get a  99-year lease from the state, not a true purchase.

Ed Atun evidently doesn't know that real estate law, in the OTHER states, isn't set up like that...the LEGAL definition of real estate is the LAND AND EVERYTHING permanently attached to it.

Real Estate School  Day 1.

Answer 4

in the US, that "situation" is called accretion.  When it surpasses the

"common man principle", the court can step in and decide what do to.

Usually, the courts will not need to be involved since the insurance

can pay for the house to be "put back."