Property Line Disputes With Neighbors

Property line disputes with neighbors can be frustrating, stressful, and contentious. When boundary lines become unclear, or neighbors encroach on your property, it can affect your home’s value, your sense of privacy, and even your legal rights. Whether it’s a temporary or permanent issue, quickly resolving the matter is essential. So, how do you handle a property line dispute effectively? The answer lies in taking measured steps, from attempting negotiations to seeking help from a property line disputes attorney with Shapero Law Firm. The following is a look at the most common types of property line disputes and what you can do to resolve them.

Solving a Property Line Dispute With Neighbors

Emotions can run high when you find yourself in a property line dispute. Whether it’s a fence built over your property line or your neighbor’s trees causing damage to your yard, the first step is to try to resolve the matter without immediately resorting to legal action. It’s important to handle the situation calmly, gather the right information, and take action based on the type of encroachment you’re facing.

Common Property Line Disputes

Property line disputes generally fall into two main categories: temporary encroachments and permanent encroachments. Let’s explore the differences between the two and how they might affect your options for resolution.

Temporary Encroachments

Temporary encroachments are situations where your neighbor’s property temporarily crosses over onto yours. Examples include a tree branch hanging over your yard, seasonal decorations that stray onto your property, or garden equipment left across the property line. While these issues may seem minor, they can still cause tension and lead to larger disputes if left unresolved. In some cases, you can resolve temporary encroachments through a simple conversation. However, suppose your neighbor refuses to address the issue. In that case, sending a formal notice or taking further legal action may be necessary, especially if the encroachment poses a danger to your property.

Permanent Encroachments

Permanent encroachments are more serious and usually involve structures or features that are not easily removed. Examples include a fence extending into your yard, a shed across the property line, or even a driveway that spills over into your land. These disputes can be trickier to resolve, as they often involve more significant investments from both parties. If you discover that your neighbor’s structure is encroaching on your property, acting quickly is essential. Waiting too long can weaken your case, and in some states, your neighbor could claim adverse possession over the encroached-upon land. To prove adverse possession, your neighbor must show they’ve either possessed the land for no less than five years or believe they have a legal right to possess that land. Whether the encroachment was intentional or accidental, working with a California real estate litigation attorney can help you protect your property rights and explore your options for resolution.

Commissioning a Boundary Survey

One of the best ways to settle a property line dispute is to commission a boundary survey. A licensed surveyor will measure the property lines and provide a detailed map showing where your property begins and ends. This is an objective and legally binding way to confirm the true boundaries of your property. Once the survey is complete, you’ll have clear evidence to present to your neighbor, and it could serve as the basis for further discussions or legal action. In some cases, a survey is enough to convince your neighbor to resolve the dispute without taking the matter to court. However, if the encroachment is significant and they refuse to cooperate, you may need to proceed with legal action.

Going to Court

If negotiations fail and the boundary survey doesn’t resolve the issue, your last option may be to take the matter to court. A lawsuit can be costly and time-consuming, but sometimes it’s the only way to protect your property rights. When you go to court, you’ll need to present evidence showing the true boundaries of your property and the nature of the encroachment. A California & Los Angeles real estate litigation attorney can help guide you through the legal process, effectively presenting your case. The court may order your neighbor to remove any encroachments or pay damages for the use of your land.

Need a California Real Estate Litigation Attorney?

A California & San Francisco real estate litigation attorney can help you explore your options, ensuring your property rights are protected every step of the way. Contact Shapero Law Firm online or call 415-273-8015 to discuss your case and get started on the path to resolution.

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