Legal Question in Real Estate Law in California

Re: Property Line Dispute

I would start with a strong letter; then I would consider an injunction. You may be able to use small claims court as they now have authority to issue injunctive orders, as well as damages.

Joel Selik

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www.4thelaw.com

www.taxworkout.com

Re: Property Line Dispute

The suggested course of sending letters threatening legal action may produce results. In addition, I would recommend considering two other things. First, what defenses does the neighbor think he has--does he disagree as to where the property line is? Does he claim an easement? Does he think its OK to trespass? The answer to this line of questioning may affect your action.

Second, I would consider the consequences of raising the ante by threatening or actually filing a lawsuit, versus trying to negotiate some kind of an agreement. Lawsuits between neighbors leave scars, like suits between close relatives. Maybe you should suggest using a neutral mediator to work out a solution.

Re: Property Line Dispute

I would recommend having me send your neighbor a letter informing them that they are trespassing on your property and causing a nuisance to you. IF they do not cease and desisit from their unlawful conduct a lawsuit may follow--then if they do not cease and desisit, sue them in small claims court for money and an order allowing you to remove the car from your property and requiring them to pay the tow company for the fees you incur.