How Are Boundary Disputes Handled in California?

 Posted on April 08, 2025 in Mediation

Boundary disputes are among the most common types of conflicts arising between neighbors. While such disputes can sometimes be worked out without legal intervention, in most cases, litigation is required to resolve the issue. Boundary disputes occur when a property owner believes a neighbor is encroaching on his or her land.  

There are a number of legal doctrines that may come into play when resolving boundary disputes, including the most peaceful solution - boundary agreements between property owners through written contracts. It is important to have an experienced Los Angeles, CA real estate dispute attorney on your side for the best possible outcome.  

Where Do You Start When There Is a Boundary Dispute?

Perhaps your neighbor has accused you of building your fence on his or her property. Maybe your neighbor just planted an entire row of trees on your property line. Talking to the neighbor can sometimes bring a peaceful resolution, but this is the exception rather than the rule. The first step in resolving a boundary dispute is to obtain a survey of your property. A land survey can run from $800 to $6,000, depending on the size of the property.

While there are differences between some cities in L.A. County regarding setbacks (the distance you must move back from your property line to build something), in general, setbacks in L.A. County are fifteen feet from the rear property line, five feet on each side, and 15-25 feet from the front property line. In theory, this prevents your neighbor from planting trees or building a fence precisely on the property line.  

What Are Some of the Legal Paths for California Boundary Disputes?

There are several avenues for resolving boundary disputes. The doctrine of adverse possession dictates that a person who has openly and continuously occupied a piece of land for five years can claim ownership. This doctrine would, in theory, your neighbor from forcing you to tear down your home when it has been in the same place for more than five years and he or she has never mentioned it. Adverse possession in that situation would require that:

• You physically occupy the property.  
• The use of the land is obvious to others.
• You have exclusive control of the land.
• You do not have permission from the neighbor to have part of your home on his or her property.
• Your home has been on the land for at least a continuous five-year period.

If these requirements are met, you could file a claim to assert ownership of the land. In short, if the home has encroached on your neighbor’s property for twenty years and the neighbor was aware of it but is only now bringing it to the court’s attention, it is unlikely you could be required to tear down part of your home.

What Are Encroachments?

Encroachment occurs when a physical structure extends beyond the boundary line onto a neighboring property. It is the most common type of boundary dispute in California. Whether an encroaching structure must be moved depends on whether it has been in place long enough to establish a prescriptive easement.

Prescriptive easement is the legal right to use another’s property without permission if the encroachment has existed for five continuous years or more and has been open and adverse. In an encroachment issue, the court must determine whether the structure has become a prescriptive easement. If not, the court could require the property owner to remove the structure.

Other Legal Paths for Boundary Disputes

Equitable doctrines, including laches or estoppel, may also be used to resolve boundary disputes. These doctrines prevent an owner from denying the existence of a boundary if it was previously recognized. Laches refers to a party waiting too long to bring a boundary dispute to court – an unreasonable delay in asserting a legal right.

Contact an L.A. County, CA Real Estate Lawyer

If you are facing a boundary dispute, a knowledgeable Los Angeles, CA boundary dispute attorney from Law Office of David Schechet can help ensure your property rights are protected. Attorney Schechet has more than 35 years of experience and always looks for ways to resolve disputes early on to save his clients money and time. Call 800-282-4731 to schedule your free consultation.