As an experienced real estate lawyer I can tell you that one of the most common inquiries we get is how to resolve your neighbor boundary dispute.  Our firm has handled a lot of boundary dispute cases over the years, and many clients are surprised by how legally complex they can be.

The Lot Lines Tell The Story

Many people assume that the lot lines established in a survey are the black and white answer to the question of “did they build that on my property, and can I force them to tear it down?”  California had a long-standing legal guideline of “fairness” when it came to resolving property line disputes between neighbors. 

If a building or driveway encroached upon a lot line but removing it or moving it would cause great expense to the offending party and the loss of that portion of land caused minimal loss to the property owner the court might actually side with the offending party. If the issue at hand involves your property line you are going to need an experienced real estate dispute attorney to resolve your neighbor boundary dispute in San Diego.

Meets and Bounds

Originally, many California real estate parcels were based upon “meets and bounds” – “this boulder to that tree to that creek.”  Obviously features change over the years, and as we moved toward present times surveying techniques and the recorded lot lines became much more legally relevant and enforceable. 

There are still gray areas within the law regarding the best strategy to resolve your neighbor boundary dispute especially when a fence, hedge or driveway has been in place for a long time.  There may have been agreements in place with a prior owner, and now the new owner of the property wants that fence to come down.  Who will prevail?

Another common issue is the growth of trees, and the loss of a view.  What happens when the growth of a neighbor’s tree affects the enjoyment of your own property, or blocks a beautiful San Diego canyon or coastal view?  What if the tree is potentially hazardous and could fall on your property?

There are Many Potential Paths to Resolve Your Neighbor Boundary Dispute

If you are searching for insight on how to resolve your neighbor boundary dispute you are going to need an experienced San Diego real estate attorney from the Watkins Firm. We invite you to review our podcast Episode 8 – Real Estate Law Overview as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.