Legal Question in Civil Litigation in California

Hidden Encroachment
Six months ago I received a phone message from my neighbor claiming I was moving dirt over his leach field. I called back and met him out in the area I was working. I showed him the property line markers shown to me by the owner when I purchased the property, the same individual who he purchased his property. As it stands he did not know there was a difference in true and magnetic north and using a compass he made an honest mistake. He placed his leach field 50 feet onto my property, over 100 feet from the documented location which was neither on my property nor his. It was an easement granting him a 1 acre area for his leachfield on a neighboring property. I asked him to move his leach field off my property. He told me he would. I left out during these conversations he started naming the many reasons he hated me and why my kind is not wanted in the area.
Now it is 6 months later and what can I do
Can I just cut his line onto my property?
How can I get a court order to have these lines moved?
Is this something that could be handled in small claim’s court?

Asked on 8/22/07, 4:31 pm

Anne Marie Healy Law Offices of Anne Marie Healy

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Re: Hidden Encroachment

You're going to have to file a civil action in the superior court requesting injunctive relief. This is not a small claims action.

Answered on 8/22/07, 5:17 pm

Michael Meyer Law Ofc. Of Michael J. Meyer

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Re: Hidden Encroachment

You'll be suing for trespass. To prove it, you'll want to have a surveyors report showing where the property line is and where his encroachment is.

Since small claims court can only grant you money damages, but not order him to do anything, you'll need to file this in the Superior Court.

See an attorney to guide you through the process.

Answered on 8/22/07, 7:17 pm

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