Legal Question in Real Estate Law in California

Re: Property lines

The number of possibilities is too great to cover in adequate detail on a bulletin board, and I think you may need to ask a local real-estate lawyer for an hour or two of services. Before doing that, consider the following:

1. If there is an active homeowners' association, read its bylaws and talk to the board, officers or active members.

2. Politely inform the neighbor who is creating the potential problems of the problems, and ask if he/she would like to volunteer some suggestions for heading off a dispute that could go to court. Negotiation is always better in family and neighbor situations.

3. Examine your deed and any CC&Rs or PUD contracts for anything that applies to your situation.

4. If the broker or agent who sold you your property is still around, ask them for advice. They might have some legal liability for the problems, and thus may be more than willing to help you.

5. Ask the county planning, permits or zoning authorities if any part of this situation is a concern to them.

6. It isn't clear what you mean by 'my' water line. Do you mean it belongs to you, or that it belongs to a utility but serves your property? If it is really yours, and is located in an easement, you probably also have an easement to use the surface for maintenance access.

7. Your title insurance may cover some or all of these problems, but more likely does not. An inquiry to the insurer may be in order.

8. Whoever planned, promoted, built and/or sold the PUD may be liable to you for damages on account of a survey error or judgment error, or a permit or zoning violation.

Consider these as some of the avenues to explore for a resolution of your problems. You are likely to need a local lawyer's help with some of them.