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Findlaw put simply an encroachment is when another person puts up a structure that intrudes on or over your land.
Fence property line encroachment california. What can you do when your neighbor s fence is on your. A homeowner s guide to boundary disputes lawdepot blog a fence encroachment can occur when you discover a fence was built or is being built on your land. Property line and fence laws in california findlaw property line and fence laws in california.
First if there is a dispute as to where the property line is you may need to have a survey conducted to establish where your property actually ends. Negotiate if you feel the other party is amicable. If you do not use the fence and do not wish to claim ownership you should speak with your neighbor about their options.
What can you do about an encroachment. 4th 47 1994 the supreme court of california held that when adjoining landowners are uncertain as to the true location of their common boundary line they may establish that boundary by agreement pursuant to a legal theory commonly referred to as the agreed boundary doctrine. Neighbor s encroachment over your property line porter simon woodshed and landscaping encroachments.
This course of action allows you to establish that you are making a good faith effort to ensure you really are dealing with encroachment. Upon consulting a survey plan or property deed you discover that a fence was built on your land by a current or past neighbor and not along the property line as you thought. Secondly california law presumes that both owners benefit equally from the boundary.
Here is what to do if that happens. A few states california among them allow a shorter period but with that shorter qualifying period add other necessary qualifications such as the payment of taxes on the property or the presentation of a valid deed both of which usually disqualify an encroaching fence. People can be much more reasonable than we give them credit for.
The type of court relief you may be granted if any will be based upon your awareness of the encroachment type of action taken and the california statute of limitations bar for. This issue might come up if for example one of your neighbors were to build a shed that is partially on your property or expands his house so that a porch ends up on your property. As such the law states that both homeowners are equally responsible for costs associated with repair and maintenance.
California permanent encroachment statute of limitations. One issue that comes up frequently between neighbors is whether or not they are equally responsible for the costs construction and maintenance of a fence that sits on the boundary line between their properties. The costs involved must be reasonable and backed up by evidence of their need.
Define your property line with a formal survey. How to handle property line issues real estate ways to handle encroachment. If a neighbor builds a home driveway or even a fence on part of your property that adjourns his then he is encroaching upon your land.
In 1994 denese welch owner of lot 7 in the shasta holiday subdivision built a woodshed and planter boxes which extended over her property line onto lot 8 about seven feet for the shed and almost 10 feet for the landscaping. California permanent encroachment statute of limitations. Depending upon the nature of the imposition and obstruction of use it is a unlawful property interference act.
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