How to Solve Property Line Disputes

Are you or someone you know in the middle of property line disputes? It can be frustrating to figure out what to do in this type of situation.

Learn more here for help.

Introduction

It is great to have next door neighbors that look out for one another, borrowing cups of sugar and regularly sharing over cups of coffee. But no matter where you live in California – or anywhere, really – you may one day find yourself in the middle of a neighborly dispute.

Property line disputes are common. And while they can oftentimes be resolved quickly, this is not always the case. If you find yourself dealing with a property line dispute, make sure that you take the right steps.

What Causes a Boundary Dispute

Property line disputes can happen for many different reasons – and they can come out of nowhere. Let’s take a look at a few examples:

• Where to place a fence – or whether or not a fence was placed in the right place.
• Planting new trees within the boundary lines – and then making sure when they grow, they remain within this boundary.
• Allowing trees to grow beyond the boundary line.
• Determining who is responsible for trimming a tree over the boundary – and damaging the tree.

Determining who is responsible for negligence or how to handle certain disputes when it comes to property can be tough so it is important to know your rights.

What California Law Says

Several different laws in California address property line disputes – even including fences and tree-trimming complaints between neighbors. Here’s a brief overview of what they say.

Fences. According to California law, both property owners are equally responsible for constructing and maintaining a fence.

Trees. Disputes over trees can be plentiful, as it involves the planting, overgrowing, roots, and more. According to California law, neighbors should avoid trimming a tree that extends beyond the boundary – even if the roots have grown into their property. And if they do, they should do so carefully and without causing any damage.

Easements. Easements are the right to use land that belongs to someone else. For instance, using a shared roadway to enter the property. If the road to two homes is technically part of one homeowner’s property, this could mean there is an easement allowing the other to use it. Issues arise commonly with these, including:

• Interfering with an easement is a problem. In the example above, interfering by blocking the roadway access is usually not legally permitted.
• Zoning issues. Sometimes the zoning of local governments may prohibit certain actions on a property despite the easement.

If this becomes a legal battle, the courts in California will look at all aspects of the dispute, including fairness as well as any land surveys, legal documents and descriptions, as well as agreements.

While California does have a lot of property line laws, there is so much confusion and gray area within them that it can get a little tricky as to who is negligent or responsible. For example, California Civil Code Section 831 says, “An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.” And things can get a little tricky if the land includes water, such as a stream or a lake.

First Steps to a Take in a Property Line Dispute

If you and your neighbor are in a battle over property lines, then there are a few steps you should consider taking. Not only will this help shed some light on the situation now, but also going forward in the future – especially if it becomes an issue for the courts.

Here are the first steps to take in a property line dispute:

• Obtain a survey of the property as this will help you determine the actual boundary. Just be sure to hire a licensed surveyor.
• Getting an appraisal of the property can also prove to be beneficial.
• Invest in a full title search. You may have had one done when you purchased the property, but it is possible that things were missed and, depending on when you bought the home, it could be outdated. By ordering a new title search, you can gain access to all the deeds, easements, and chain of title that may have an impact on the ownership.

Gathering all the necessary legal documentations to back your claim is a great step in the right direction.

Hire an Attorney For Property Line Disputes

As you can tell there are many different ways in which the State of California works to protect individuals and their rights to property. These issues can often involve several legal complexities which is why any property line disputes or issues that arise can be handled most appropriately by an attorney. This may involve the attorney reaching out to the neighbor informally to discuss finding an amicable outcome. Think of dispute resolution as:

• Having a one-on-one discussion to come to a mutual agreement.
• Negotiating with your neighbor.
• Drawing up a contract stating terms both parties are agreeable to (make sure this is done by an attorney).

If that does not work or it is in your best interest to skip this step, your attorney can send a formal letter in hopes of finding a resolution. Sometimes this may be all that is needed to address the situation as the threat of legal action can often sway individuals. Plus, it reduces the need for court costs and additional attorney fees.

If you are dealing with a situation that does not seem to be able to be handled outside of the courtroom, then a lawsuit may be filed by your attorney. This will take the action before the judge and will likely result in a court-ordered outcome. Unfortunately, you have no control over the outcome that is decided by the courts.

The benefit of hiring an experienced attorney is that you will have the best chance at getting the issue resolved. Your attorney will be able to review the situation, understand it, and uncover the best way to handle it.

Don’t risk your rights to your property – and caring for your property. Instead, solve your property line disputes with an experienced real estate attorney.