The Doctrine of Merger in California real property law provides that when a greater and lesser estate are vested in the same person, the lesser estate may merge into the greater estate and the lesser estate be terminated.
Property boundaries in California are defined as the legally recognized lines where one property ends and another begins. These boundaries are crucial in real estate as they determine the extent of the land or structure that an owner has rights to.
Your lawyer may advise you to get a licensed land surveyor to conduct a survey of your property. The surveyor's report will be key. It will define the disputed boundary and prove your ownership.
The agreed-boundary doctrine is a rule that helps neighbors who are unsure about where their property lines are. It allows them to agree on a boundary line between their properties, as long as they both agree, have been using that boundary for a long time, and it can be seen on the ground.
It's important to know that a property line in the front of a house determines the measured distance of the land, known as the frontage. In contrast, the property boundaries on the sides of your house are known as sidelines.
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.
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.
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.
The four major types of boundary disputes are operational, allocational, locational, and definitional.