Legal Question in Real Estate Law in California

I own a 1930 Spanish Bungalow in Long Beach, CA that has a portico or "wing wall that extends to the property line. My neighbor wants to build a screen wall on her property that would come up to the property line. She claims that an small part (2-3") of my portico is over the property line and her contractor will need to cut off part of my wall to build her wall. A survey has yet to be done to prove one way or another if the wall extends on to her property. If it does not cross the property line, we know that she can not touch it. If however, it does cross the line by several inches, can she remove part of our house (that is original to the house)? Do we have any recourse?


Asked on 8/20/15, 9:47 am

1 Answer from Attorneys

Nicholas Spirtos Law Offices of Nicholas B. Spirtos

First, get a survey done so you know exactly where the property line is. It is possible that a portion of the wall would have to be removed. It is also possible that after so much time of it being there, you now have some ownership interest in her land, either through adverse possession or an easement. Unless the parties agree, property line disputes often end up being litigated and can be fairly expensive. You and your neighbor may be able to submit the dispute to your homeowners or title insurance companies.

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Answered on 8/21/15, 9:31 am


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