When a neighbor constructs a fence or builds across a property boundary line, it can lead to a real estate dispute. But it does not always mean that the structure needs to be removed. In California, these boundary overlaps are often called encroachments. The best solution depends on verifying the property lines, how the encroachment happened and whether both parties can reach an agreement.
Why encroachment can become a problem
An encroachment happens when part of a structure extends onto another person’s property. Common examples involve fences, garages, retaining walls, paved driveways or storage sheds crossing the boundary line. Even a minor encroachment can create legal problems when an owner wants to sell, refinance or develop the property. It might also affect how both neighbors can use their lands.
Steps that can help resolve the dispute
Property owners can resolve many property disputes without going to court. They often start by establishing the verified boundary before exploring possible solutions, such as:
- Reviewing the property’s survey or having a new survey completed if the boundary line is unclear
- Talking with the neighbor to determine whether the issue resulted from a mistake or inaccurate information
- Considering whether a written boundary agreement or easement can resolve the issue
- Keeping records of surveys, photographs and communication if the dispute continues
Taking these steps early on might prevent the dispute from becoming more complicated.
Addressing the issues early can protect property rights
Ignoring an encroachment can make a property line dispute more difficult to resolve over time. Whether the issue involves a fence, driveway or another structure, addressing it early can help protect property rights and reduce the risk of future disagreements. It can also help avoid complications if either property owner decides to sell the property later.
If neighbors cannot resolve the issue through discussion, an experienced real estate attorney or mediator may help identify practical solutions and avoid a more costly dispute.