In California, property line encroachment laws dictate how to handle situations where one property owner's land or improvements overlap onto a neighbor's property. These laws aim to resolve disputes fairly, often requiring a survey to establish actual property boundaries.
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.
A boundary line agreement is a legally binding document that sets clear boundaries between neighboring properties, providing certainty and preventing conflicts.
If the trunk is wholly on one person's property, it is that person's tree. If the trunk straddles the property line (even if it has grown that way after starting out entirely on one side), then the tree is shared.
California law recognizes that property owners may agree to establish or adjust boundary lines. These agreements can be made through written contracts or mutual consent. However, boundary line agreements must be in writing and signed by both parties to be legally enforceable.
Under California law, property owners cannot remove or alter a neighbor's fence without following proper legal procedures, even in cases of encroachment. Removing or damaging someone else's property without consent could lead to legal consequences, including claims for trespass.
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.