Boundary Disputes Attorney in San Diego, California

If you're facing a boundary dispute in California, you need an experienced real estate attorney who understands the difficult details of real estate law and can protect your property rights.

Whether you're dealing with encroachments, conflicting surveys, adverse possession claims, or unclear property lines, the Law Office of David J. Hollander offers comprehensive guidance and legal representation. 

With in-depth knowledge of California's property laws and a proven track record of successfully resolving boundary disputes, we work tirelessly to verify that your property is properly protected and your legal interests are safeguarded. Located in San Diego, California, the firm serves clients in the surrounding areas.

The Importance of Boundary Lines in Real Estate

In real estate law, the boundary of a property is the legally recognized line that marks the limits of one parcel of land from another. These boundaries are crucial for determining property ownership, use, and development rights.

Boundary disputes arise when two or more parties disagree on where these lines are located or if they were altered. This can happen for a variety of reasons, including the following:

• Incorrectly placed survey monuments: When boundary markers or survey monuments aren’t placed correctly, property owners may find themselves in conflict.

• Adverse possession: One party may claim ownership of a portion of land by continuous and overt use over a long period of time, leading to a dispute.

• Encroachment: Encroachments occur when structures, such as fences, buildings, or driveways, extend beyond the boundary line onto an adjoining property, resulting in disputes over who owns the land.

• Ambiguity in legal descriptions: The legal description of a property, often contained in a deed, may be unclear or outdated, causing confusion regarding the exact location of the boundary.

• Changing topography: Natural changes such as erosion or sediment deposits can alter the physical boundaries of a property, leading to legal disputes.

• Neighbor disputes: Misunderstandings, communication breakdowns, or personal conflicts between neighbors may escalate into legal disputes over property lines.

When dealing with boundary disputes, it’s important to understand the legal structure for resolving them.

Legal Structures for Boundary Disputes in California

California's legal system provides a number of avenues for resolving boundary disputes. The state’s laws regarding property rights and boundary determination are guided by several key principles that reflect both statutory law and case law. 

Surveying and Legal Descriptions of Property

The starting point in any boundary dispute is the survey of the land. A legal description of a property—whether through a deed or a survey—determines its boundaries.

The California Business and Professions Code regulates the licensing of professional land surveyors, who are typically called upon to create surveys and resolve boundary disputes. These surveys are essential for accurately identifying where one property ends and another begins.

In boundary disputes, a surveyor may be asked to clarify the location of a boundary based on physical markers, measurements, and legal descriptions from prior surveys or deeds.

However, determining the correct boundary line can be complicated when there are conflicting surveys or unclear historical records. As a result, the courts often become involved in interpreting these legal documents.

Doctrine of Adverse Possession

One of the key doctrines that may arise in boundary disputes is adverse possession. In California, adverse possession allows a person to claim ownership of land that they have openly and continuously occupied for a period of five years, provided they meet several legal criteria. These include:

• Actual possession: The claimant must physically occupy the land.

• Open and notorious use: The use of the land must be obvious to others.

• Exclusive use: The claimant must have exclusive control of the land.

• Hostile use: The claimant’s use must be without the permission of the true owner.

• Continuous use: The claimant must use the land for a continuous five-year period.

If a party meets these requirements, they may file a claim to assert ownership of land that they have been using in a manner inconsistent with the original titleholder’s ownership.

This can lead to disputes when a neighbor claims ownership of land based on long-term use, even if the legal description of the boundary shows that the land belongs to someone else.

Encroachment and Prescriptive Easements

Encroachments occur when a physical structure, such as a fence or a building, extends beyond the boundary line onto an adjoining property. This type of boundary dispute is common in California, where properties are often subdivided or developed close together.

The legal implications of encroachment depend on whether the encroaching structure has been in place long enough to establish a prescriptive easement.

A prescriptive easement is a legal right to use another person's property without their permission, and it can be established if the use has been continuous, open, and adverse for five years.

In some cases, a neighbor may have the right to continue using the land even if it was originally an encroachment, as long as they meet the criteria for a prescriptive easement.

The court’s role in resolving an encroachment dispute is often to determine whether the structure or use has become a prescriptive easement, thereby granting legal rights to the party using the property.

If no prescriptive easement exists, the property owner may seek a remedy for the encroachment. This could include removing the structure or negotiating a settlement with the encroaching party.

Boundary by Agreement or Stipulation

California law recognizes that property owners may agree to establish or adjust boundary lines. These agreements can be made through written contracts or mutual consent.

However, boundary line agreements must be in writing and signed by both parties to be legally enforceable. The written agreement, often referred to as a boundary line agreement, is binding and can resolve disputes when the parties agree on the location of the boundary.

Boundary line agreements are particularly common in cases where physical landmarks or surveying discrepancies have caused confusion about property lines. By mutually agreeing on a new boundary, both parties avoid the need for expensive and prolonged litigation.

Equitable Doctrines in Boundary Disputes

In certain cases, California courts may apply equitable doctrines, such as estoppel or laches, to resolve boundary disputes.

Equitable estoppel prevents a party from denying the existence of a boundary line if they have previously recognized or acquiesced to it. This doctrine often applies when one party has allowed another to build on or use land that they believed to be theirs for an extended period.

Laches refers to the unreasonable delay in asserting a legal right. If a party waits too long to bring a boundary dispute to court, the court may dismiss the case on the grounds of laches. This doctrine encourages parties to bring disputes to court in a timely manner to prevent the loss of evidence and to protect fairness.

Preventing and Resolving Boundary Disputes

When preventing or resolving boundary disputes, it's important to conduct an accurate survey before purchasing property or making improvements. Property buyers should make sure that the legal description of the property matches the physical boundaries established by a professional survey.

In addition, it’s important for property owners to maintain open communication with neighbors and resolve any potential issues related to boundaries early. This can prevent misunderstandings and help avoid costly litigation.

When boundary disputes arise, property owners should seek legal advice to understand their rights and options. If the dispute cannot be resolved through informal negotiations, the matter may need to be addressed in court.

Parties involved in a boundary dispute should be prepared to provide documentation, such as surveys, deeds, and witness statements, to support their claims. A real estate lawyer can help clients determine the paperwork they need to have on hand.