When facing a property line dispute, take a deep breath before jumping to conclusions. Remember that you still have to live next to your neighbors, but don't let property line issues go unanswered. Inaction on boundary line disputes could haunt you when it's time to sell and it could also cost you part of your land.

In California real estate law, encroachment refers to when someone builds, extends, or create a structure (including landscaping) that violates the property line also known as a property boundary line.

So what should you do if you believe your neighbor is encroaching by building something on your property beyond the property boundaries. or if the have something already built? Some examples are fences, hedges, structures, walkways, driveways, walls, landscaping, and other improvements.

Why Are Property Boundary Lines Important?

First of all, why are these boundaries important? From a legal perspective, property lines determine where owners can build structures, install fences, and use their land without interfering with others' rights. Many cities and counties in California have setback requirements—rules that dictate how close structures can be built to property lines. Violating these rules can lead to fines, forced removal of structures, or legal disputes. Additionally, boundary clarity is crucial in preventing claims of adverse possession or prescriptive easements, where a neighbor could gain legal rights over a portion of your land through prolonged unauthorized use.

Step 1: Confirm the Encroachment is Happening to Your Property's Boundary

It's crucial to verify that your neighbor's structure is actually encroaching on your property. In California, property boundaries are determined by legal descriptions in deeds, surveys, and official county records. Your property's legal description which identifies what the boundaries are, can be found in: Your deed – This document contains the legal boundaries of your land. The county assessor's parcel map – You can obtain this from the county recorder's office or assessor's website. Your title report – If you purchased title insurance when buying your home, the real estate title report should outline property boundaries.

Make sure to take clear photos from multiple angles, showing how the structure extends beyond the property boundaries and measure the encroaching structure and compare it to your survey report. Also keep records of any communications with your neighbor about the issue.

While property deeds provide legal descriptions and maps, they can sometimes be vague or difficult to interpret without professional assistance. In California, hiring a licensed land surveyor is often the best way to determine exact boundary lines. The surveyor will use official records and precise measuring equipment to mark property lines and provide a survey report that serves as legal evidence if a dispute arises.

Step 2: Talk to Your Neighbor & Wait for a response

Secondly, talk to your neighbor about the boundary lines. He or she might not be aware that they are crossing the boundaries of their property. You can provide them a copy of the report the licensed land surveyor gives you to show them they are crossing over into your property. It's a good idea to in addition send them something in writing such as an email or letter, letting them know they are encroaching and you do not agree with what they're doing, in the case this escalates and you have to involve a lawsuit, the written warning can be used as evidence.

However, they might  be willing and able to move the structure back to their side of the property's boundary line . If your neighbor is actively building something, it's best to talk to them about it sooner rather than later. They might be less likely to agree to move or remove what their building when the construction is finished.

You can also come to some alternate arrangement. If you and your neighbor decide to leave the encroachment in place, you may consider giving them written permission to use your property. This can prevent a later claim of adverse possession (claiming that section of the property is legally theirs.) If your neighbor is unable or unwilling to remove the encroachment, but is otherwise open to resolving the issue, you may wish to consider selling the encroached-upon property to him. That way, you get some money for the loss of your property and your neighbor gets to use the land without worry.

Step 3: File a complaint with your local zoning authority

In California, local zoning laws regulate how and where structures can be built. While your local zoning authority will not get involved in a civil dispute between neighbors about boundary lines, If your neighbor's structure or home violates zoning requirements or was built without proper permits, you may have an additional basis to challenge the encroachment. Your local city or county planning department can investigate and confirm if the structure complies with local zoning regulations. You can also find out if your neighbor obtained the necessary building permits or in an existing structure is illegal.

Step 4: Consider Legal Action – When to Involve an Attorney

 If informal discussions, and written notices, fail to resolve the encroachment issue, legal action may be necessary. In California, property owners have several options to protect their property rights, including seeking injunctive relief or filing a lawsuit for trespass, ejectment, or quiet title. Legal action should be considered when your neighbor refuses to acknowledge the encroachment, or the encroachment significantly affects the use or value of your property. Additionally, if there is a risk that the neighbor could claim adverse possession (Adverse possession is when a trespasser, in physical possession of a land or part of a property owned by someone else can acquire legal ownership to the property.) or a prescriptive easement over time, swift legal action becomes even more critical. Consulting with a real estate attorney at this stage can help assess the strength of your claim and determine the best legal strategy.

Failing to challenge the encroachment in a timely manner may weaken your case, and in some situations, your neighbor could attempt to claim legal rights over the disputed land. Additionally, California has a statute of limitations on property disputes, meaning that waiting too long to take action could limit your legal options.

⭐Prevent Future Encroachments

If you're concerned about future encroachments happening again, here are some tips on how to prevent them. Once your property lines are verified with a property survey, consider installing permanent boundary markers to make them visible and prevent disputes. Options include:

Fences – A properly placed fence along the property line is one of the most effective ways to prevent encroachments. However, before installing a fence, check local zoning laws and HOA regulations to ensure compliance.

Boundary stakes or markers – These can be placed at key points along the property line and serve as a visual indicator for both property owners.

Landscaping features – Hedges, trees, or other landscaping elements can serve as natural barriers while also enhancing privacy.

Legal Notice

The purpose of this column is to provide general information on the law, which is subject to change. It is not legal advice. Consult a lawyer if you have a specific legal problem.