Home / Practice areas / Real estate / Boundary disputes
Real estate · Boundaries
Boundary, encroachment and adverse possession disputes
Boundary disputes are often rooted in old surveys, ambiguous deeds or years of assumed use that don’t match the recorded property lines. Fernald & Zaffos handles property line disagreements between neighbors, encroaching fences and structures, and adverse possession claims in California and Nevada.
Leads this practice
Brandon C. Fernald · Founding Partner
Founded the firm in 2009 after seven years at Norton Rose Fulbright.
What we handle
- Property line and boundary disagreements between neighbors
- Fences, walls, driveways and buildings that cross the line
- Adverse possession claims
- Quiet title actions to settle who owns a strip of land
Encroachments
When a structure crosses onto a neighbor’s land, a California court can order it removed, award damages, or in some cases let it stay and give the encroaching owner an equitable easement after weighing the hardships on each side (Hirshfield v. Schwartz (2001) 91 Cal.App.4th 749).
Adverse possession
Adverse possession transfers title to land someone has possessed openly, continuously and adversely for the statutory period. California requires five years of possession and payment of the property taxes on the land for those five years (Code Civ. Proc. § 325), which makes adverse possession of a strip between neighbors hard to prove. Prescriptive easements, which give a right of use rather than title, are more common.
Start here
Get a survey and a title report
Most boundary cases turn on the historical record. A licensed survey and a review of the deeds usually come before anything else.
Common questions
Don’t see yours? Call (323) 410-0300.
My neighbor’s fence is on my property. What can I do?
Get a survey to confirm where the line is. Depending on the facts, you may be able to require removal, recover damages or reach an agreement that resolves the line.
Can my neighbor take my land by adverse possession?
It is difficult in California. Adverse possession requires five years of open, continuous and hostile possession and payment of the property taxes on the disputed land.
What is a quiet title action?
A lawsuit asking a court to declare who owns property or an interest in it, which settles the question on the record.
Will I have to go to court?
Not always. Many boundary disputes resolve with a survey and a lot line adjustment or recorded agreement. Some do go to trial.
Related
The information on this page is general and is not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.