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.
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.
How to Resolve a Boundary Dispute Seek Expert Legal Advice. Collect All Relevant Evidence. Hire a Professional Land Surveyor. Adhere to the Pre-action Protocol for Property Disputes. Attempt to Resolve Your Case Through Negotiation and Mediation.
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 four major types of boundary disputes are operational, allocational, locational, and definitional.
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.
Boundary lines help determine the extent of a property and its legal ownership. Specifically, these lines define a property's physical limits and help prevent conflicts between neighboring property owners.
Engaging in a calm and constructive conversation can help identify common ground and potential solutions. If direct communication proves challenging, mediation is a non-confrontational option where a neutral third party can facilitate discussions and guide both parties toward a mutually agreeable resolution.
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.