There's an old Irish saying that "Good fences make good neighbors." However, a fence erected in the wrong spot can be a nightmare for property owners -- and so can other boundary disputes. If your neighbor is encroaching on your property rights in some way, here's how to handle it.
It is almost inevitable to have neighbors you do not particularly like now and then. However, some California residents run into neighbor problems that can result in years of animosity or, even worse, legal action. An encroachment is one of the most common ways you may have a misunderstanding or disagreement with one of your neighbors. There are numerous ways you can deal with an encroachment issue that can preserve the peace and hopefully avoid going to court.
It may seem that a boundary dispute between you and an adjacent property owner in California arises quickly. However, according to Point to Point Land Surveyors, boundary disputes can be years, and sometimes centuries, in the making.
Generally speaking, if you own property in California, you are the only one with an interest in the land and the only one with a right to use it. However, it is possible for someone who does not own a particular piece of property to gain a nonpossessory interest in it allowing the use of the property despite not being an owner. According to FindLaw, the legal term for this nonpossessory interest is an easement.
Boundary lines between properties in California are not always as clear as they should be. As a result, you may have a neighbor who puts up a structure that exceeds the boundary line and winds up on your land, whether in whole or in part. The legal term for this is encroachment. Your neighbor may encroach on your property purposely, or it may be accidental due to a misunderstanding or miscalculation.