Legal Question in Real Estate Law in California

Re: Encroachment

Have you discussed the issue with your neighbor? Also, have you had the property surveyed to determine the exact extent of the problem? The difficulty with boundary issues is that everyone believes they know where the property lines are, but until you actually have them surveyed, nobody really knows for sure. Even the old fence, driveway, or other landscaping and hardscaping elements could have been mis-placed originally. Have it surveyed first by a licensed civil. Then, contact your neighbor and discuss resolution. If he or she refuses, then I would send a demand letter insisiting that it be moved. Finally, you would want to retain an attorney to force the issue, or file suit on your behalf. I don't suggest jumping straight to litigation or even an attorney demand letter, as that will only make your situation with your neighbor that much more untenable.

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Re: Encroachment

First, you need to find out (unless you already know) whether there is a disagreement as to the location of the property line. In other words, has the neighbor made a good-faith mistake, or is this deliberate? Maybe this can be handled by discussion, or maybe a survey is needed. You don't say where you stand currently on talking through the problem, or whether the location of the property line is certain or questioned. I strongly advocate that disputes between neighbors be negotiated rather than litigated, especially when simple facts such as a surveyed boundary location determine the naeighbors' respective rights.

After attempts at determining and agreeing upon the true location of the boundary fail, or your attempts to resolve out-of-court break down for other reasons, the next step is probably going to have to be filing a lawsuit. This does not necessarily mean the case will have to go to trial; many such disputes settle after the suit is filed but before the trial date, at a saving of money, hassle and tempers.

Most suits for encroaching fences seem to include three basic causes of action or "counts:" trespass to land, quiet title, and injunction (to remove the fence). Depending upon specific issues, other or different causes of action might be warranted.

Re: Encroachment

Have me write a letter.

Best,

Daniel Bakondi, Esq.

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