📋 What is a Property Line Dispute in California?

Property line disputes occur when neighboring landowners disagree about the exact location of their shared boundary. These disputes can involve fences, walls, trees, driveways, or structures that allegedly cross property lines. California law provides several remedies, including quiet title actions, injunctions, and damages for trespass or encroachment.

When to Use This Guide

Use this guide if you are facing one of these property line issues:

🏗 Encroachment

A neighbor's structure, fence, or improvement extends onto your property without permission

🚧 Boundary Disagreement

You and your neighbor disagree about where the property line actually exists

🕐 Adverse Possession Claim

A neighbor claims ownership of your land through continuous, hostile possession

🌳 Tree/Vegetation Disputes

Trees, roots, or branches cross property lines and cause damage or obstruction

👍 What You Can Recover in Property Line Disputes

  • Injunctive relief - Court order requiring removal of encroaching structures
  • Quiet title judgment - Legal declaration establishing your property boundaries
  • Damages for trespass - Compensation for diminished property value and use
  • Ejectment - Court order removing the encroaching party from your land
  • Attorney fees - In some cases under Civil Code section 1021.5 or contract

Types of Property Line Disputes

📚 Fence Line Disputes

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Under California Civil Code Section 841, adjoining landowners are presumed to share equally in maintaining division fences. A fence's location may establish a "boundary by agreement" if both parties have treated it as the property line for years, even if a survey shows the legal line differs. You may need a licensed surveyor to determine the actual boundary.

⚖ Structural Encroachment

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When a building, garage, shed, or other permanent structure extends onto neighboring property, the affected owner can demand removal or seek an injunction. Courts balance the cost of removal against the harm to the encroached property, but generally favor requiring removal unless removal would cause disproportionate hardship.

👥 Adverse Possession

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Under CCP Section 325, a person can gain legal title to land by occupying it for 5 continuous years while paying property taxes, using it openly and hostilely (without permission), and holding it under claim of right. Defending against adverse possession claims requires prompt action to eject the encroacher and establish your rightful ownership.

🛡 Easement Disputes

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Easements grant rights to use another's property for specific purposes (access, utilities, etc.). Disputes arise when easement scope is unclear, the servient estate owner blocks access, or the dominant estate owner exceeds permitted use. Prescriptive easements can also be established through 5 years of continuous use.

⚠ Act Quickly to Prevent Adverse Possession

If a neighbor is using your property without permission, you have only 5 years to take action before they may claim adverse possession. Send written notice demanding they cease use immediately, and file suit if necessary to protect your property rights.

✅ Evidence Checklist

Gather these documents before sending your demand letter. Click to check off items as you collect them.

📄 Title Documents

  • ✓ Grant deed showing your ownership
  • ✓ Preliminary title report or title insurance policy
  • ✓ Legal description of your property
  • ✓ Recorded easements affecting the property

📑 Survey Evidence

  • ✓ Licensed surveyor's boundary survey
  • ✓ Survey map showing encroachment
  • ✓ Corner monuments and stakes
  • ✓ Prior surveys from purchase or refinance

📷 Photographic Evidence

  • ✓ Photos of encroaching structure/fence
  • ✓ Dated photos showing progression
  • ✓ Aerial photos (Google Earth historical)

📩 Communications

  • ✓ Prior written communications with neighbor
  • ✓ HOA complaints or notices
  • ✓ City/county code enforcement records
  • ✓ Building permit applications showing location

🔒 Preserve Evidence Immediately

Take time-stamped photos and videos of the encroachment. If the neighbor attempts to alter the encroachment or remove evidence, you will have documentation of its original state. Consider hiring a surveyor promptly to establish the true boundary before any changes are made.

💰 Calculate Your Damages

Property line disputes can result in several types of damages and relief. Here's what you may be entitled to recover.

Category Description
Injunctive Relief Court order requiring removal of encroaching structures, fences, or vegetation
Diminished Value Reduction in property value caused by encroachment or disputed title
Loss of Use Reasonable rental value of the encroached area for period of occupation
Restoration Costs Cost to repair or restore your property after removal of encroachment
Survey Costs Professional survey fees incurred to establish the true boundary
Attorney Fees May be available under CC 1021.5 if case benefits the public, or by contract

💰 Balancing of Hardships Doctrine

California courts may deny injunctive relief and instead award damages if: (1) the encroacher acted innocently, (2) the cost of removal would be greatly disproportionate to the harm, and (3) money damages would adequately compensate the injured party. However, willful encroachers cannot invoke this doctrine.

📊 Sample Damages Calculation

Example: Fence Encroachment - 2 Years Duration, 100 Square Feet

Diminished property value $8,000
Loss of use (24 mo x $50/mo rental value) $1,200
Licensed surveyor fees $1,500
Fence removal/restoration costs $3,500
Legal fees (demand and negotiation) $5,000
POTENTIAL TOTAL RECOVERY $19,200

💡 Consider Mediation First

Property line disputes between neighbors can become protracted and expensive. Many California courts require mediation before trial. Consider proposing mediation in your demand letter - it often leads to faster, less costly resolution while preserving neighbor relations.

📝 Sample Language

Copy and customize these paragraphs for your demand letter.

Opening Paragraph
I am writing to formally demand that you remove the encroaching [FENCE/STRUCTURE/OTHER] located on my property at [YOUR PROPERTY ADDRESS]. A licensed survey conducted by [SURVEYOR NAME] on [SURVEY DATE] confirms that your [DESCRIPTION OF ENCROACHMENT] extends approximately [X FEET/INCHES] onto my property, constituting an unlawful encroachment and trespass.
Encroachment Demand
Under California Civil Code Section 1013 and applicable trespass law, I demand that you remove the encroaching [STRUCTURE/FENCE/IMPROVEMENT] from my property within [30 DAYS] of this letter. The encroachment has been present since approximately [DATE] and continues to interfere with my use and enjoyment of my property. Your failure to remove the encroachment will constitute a continuing trespass for which I will seek injunctive relief, damages, and attorney fees.
Quiet Title Warning
Your continued occupation and use of my property creates a cloud on my title. If we cannot resolve this matter amicably, I will be compelled to file a quiet title action pursuant to California Code of Civil Procedure Sections 760.010 et seq. to establish and confirm my ownership of the disputed area. A lis pendens will be recorded against your property, providing constructive notice of the litigation and potentially affecting your ability to sell or refinance.
Adverse Possession Defense
Be advised that any claim of adverse possession is without merit. California Code of Civil Procedure Section 325 requires payment of all property taxes for the claimed period, which records from the [COUNTY] County Tax Assessor confirm you have not made. Furthermore, I have never consented to or acquiesced in your use of my property. Your occupation is permissive at best and does not satisfy the requirements for adverse possession under California law.
Damages Demand
In addition to removal of the encroachment, I demand compensation for damages including: survey costs of $[AMOUNT]; diminished property value of $[AMOUNT]; loss of use calculated at $[AMOUNT] per month for [X MONTHS]; and restoration costs of $[AMOUNT]. The total damages demanded are $[TOTAL]. I am prepared to resolve this matter through mediation if you are agreeable; otherwise, litigation will be necessary.

🚀 Next Steps

What to do after sending your demand letter and how to escalate if necessary.

Recommended Timeline

📌 Before Filing Suit

California does not require a demand letter before filing a quiet title or ejectment action, but courts look favorably on good-faith efforts to resolve disputes. Send your demand via certified mail, return receipt requested, and keep copies of all correspondence. Allow 30 days for response before escalating.

Litigation Timeline

Weeks 1-4

Send demand letter, obtain survey if not already completed, consult with real estate attorney

Weeks 5-8

If no resolution, prepare and file complaint for quiet title and/or ejectment, record lis pendens

Months 3-9

Discovery phase: depositions of surveyors, document production, expert reports

Months 9-18

Court-ordered mediation, summary judgment motions, trial preparation, trial

If They Don't Respond or Refuse to Comply

  1. Consult a Real Estate Attorney

    Property line disputes involve complex legal and factual issues. An experienced real estate litigator can evaluate survey evidence, assess the strength of adverse possession or prescriptive easement defenses, and develop litigation strategy.

  2. File a Quiet Title Action

    File a verified complaint in Superior Court under CCP 760.010 et seq. The complaint must include a legal description, your basis of title, all known adverse claims, and the date to which title is sought. Record a lis pendens to provide constructive notice.

  3. Seek Preliminary Injunction

    If the encroachment is causing ongoing harm or the neighbor is continuing construction, seek a preliminary injunction to preserve the status quo pending resolution of the case.

Need Legal Help?

Property line disputes require careful legal analysis and survey expertise. Get a 30-minute strategy call with a real estate attorney to evaluate your case.

Book Consultation - $125

California Resources

  • CA Licensed Land Surveyors: bpelsg.ca.gov - Verify surveyor licensing
  • County Recorder: Record lis pendens and obtain recorded documents
  • County Assessor: Obtain property tax records to defeat adverse possession
  • CA Courts Self-Help: courts.ca.gov/selfhelp - Quiet title information
  • State Bar Lawyer Referral: calbar.ca.gov - Find a real estate attorney