Legal Question in Real Estate Law in California

Property Line - 2 inch rule?

I started to install concrete edging along the property line in the front yard. My neighbor told me that I must remain 2 inches from the line. I moved the edging in by about 2-3 inches. He now dug out the area right up to the edging, causing it to collapse and is planning on widening his driveway. Is there a 2 inch rule? Will he have to keep his new driveway off the property line? What if he pours right up to the line, do I have any right to complain?


Asked on 7/08/01, 6:05 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Property Line - 2 inch rule?

I have never heard of a two-inch rule and doubt that it exists as a general statewide proposition. It may be a local ordinance, custom, or a private CC&R in your subdivision. I would start by asking the neighbor where he gets his information.

There is a general principle of real property law that neighbors owe one another a right of lateral support. The traditional rule has been watered down somewhat by statute in California, see Civil Code section 832. The neighbor's excavation you describe probably violates your right to lateral support.

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Answered on 7/09/01, 4:54 pm


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