You and your neighbour can create a 'boundary agreement' to record: the boundary between 2 properties. who's responsible for maintaining a hedge, wall, tree or fence between 2 properties.
The Good Neighbor Fence Act of 2013 states: “Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or ...
Under such an agreement, the parties acknowledge the true boundary line between the properties, and the encroaching owner releases any claim to the strip of land encroached upon. In return, the “encroached upon” owner allows the encroachment to continue for so long as he/she is not adversely affected.
You may not cut down the tree. You need permission to enter the tree owner's property. You cannot injure the tree when trimming. Trimming may only occur up to the boundary line between properties.
In California real estate law, encroachment occurs when a structure or object intrudes onto the property of another without permission. This intrusion must be physical and tangible, and it typically crosses over a boundary.
California law recognizes the right of two adjoining landowners to agree on a specific line or marker to act as the property lines between the two parcels, notwithstanding the legal description in each parcel's deed.
The Boundary Line Agreement (BL AGR) provides a procedure for County review whenever a point or line determining the boundary between two or more parcels of real property cannot be identified from the existing public record, monuments, and landmarks or is in dispute. RCW 58.04.
If you are facing a boundary dispute with a neighbor, the best option is to get in touch with an experienced California real estate litigation lawyer. Your lawyer may be able to help you resolve the situation through negotiation before resorting to the courts.
The four major types of boundary disputes are operational, allocational, locational, and definitional.
Property line encroachment laws in California outline how to handle situations where a property owner's land or improvements extend onto a neighbor's property. These laws aim to ensure fair resolutions and typically involve a professional survey to confirm actual property boundaries.