Boundary Encroachment, Adverse Possession & Easements

Settle Your Disputes with a San Diego Real Estate Attorney

Land ownership and boundaries are not always simple matters. If someone builds upon or occupies a portion of your land without permission, you need to act to remedy the situation.

In some cases, this encroachment can lead to the trespasser legally owning some of your land through adverse possession. Conflicts that arise between property owners might need to be resolved in court, but you can also prevent them by having an attorney draft and review your contracts before you sign them.

Our San Diego real estate lawyers have more than 65 years of combined experience both reviewing property-related documents and representing clients in court. We can explain the different methods of asset protection available to you and help you proceed in a way that prevents legal setbacks in the future.

What is Boundary Encroachment in California Real Estate?

A boundary encroachment occurs when someone constructs something that intrudes upon your property. This could involve commercial real estate. Not only is this a nuisance, but it can also affect your ability to sell the property later.

In California, one example that we see often involves violations of California solar rights laws, such as:

• The Solar Rights Act
• And Solar Shade Act

If your neighbor constructs something that blocks your solar panels, for example, you need to take action. If your neighbor refuses to respect your property rights, we can attempt to resolve things amicably and/or file a lawsuit. This way, the court can order him to stop encroaching upon your property.

What is the Difference Between Encroachment and Easement?

Encroachment and easement are similar, however, easements must be agreed upon by both parties, formally or informally. The activities of each property owner are usually authorized or compensation is involved. Encroachment refers to activity that is unauthorized.