California Petition for Injunction due to Encroaching Wall

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US-03189BG
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An encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. Disputes arising from a confusion of boundaries may be generally settled by an action at law. However, courts of equity will entertain a bill for the settlement of boundaries when the rights of one of the parties may be established upon equitable grounds.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

LS Carlson Law ? August 31st, 2023. Introduction: As a property owner in California, it is useful to understand the concept of encroachment. Encroachment occurs when a neighboring property or structure intrudes upon your land, causing potential boundary disputes and legal complications.

If the neighbor is uncooperative, you may want to consider filing an action in court, called a quiet title action. In a quiet title action, you ask the court to determine that you have ?title? to the property affected by the encroachment.

In short, California law dictates that the 3-year statute of limitations governing a permanent encroachment begins when construction on the encroachment is completed.

Both involve a property owner making extensions over their neighbor's property. While encroachments are the unauthorized use of the neighbor's property, easements are agreed upon by both parties. In many cases, the party responsible for the easement compensates the other neighbor.

What is Boundary Encroachment in California Real Estate? A boundary encroachment occurs when someone constructs something that intrudes upon your property. This could involve commercial real estate. Not only is this a nuisance, but it can also affect your ability to sell the property later.

What Is Encroachment By Definition? Encroachment in real estate is defined as one property owner violating their neighbor's rights by building or extending some feature and crossing onto their neighbor's property lines. Sometimes the encroachment is intentional.

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California Petition for Injunction due to Encroaching Wall