Ownership and Boundary Disputes

Property ownership comes with various legal considerations, and one of the most common challenges homeowners and real estate investors face is boundary disputes. These disputes can arise from misunderstandings, conflicting records, or unauthorized use of property. As a real estate lawyer in California, Borna specializes in helping property owners navigate these complex legal issues. Below, we will discuss key aspects of ownership and boundary disputes, focusing on determining property lines and distinguishing between easements and encroachments.

Determining Property Lines

One of the primary causes of boundary disputes is uncertainty regarding property lines. Property boundaries are established through deeds, surveys, and official property records. However, discrepancies may arise due to outdated records, human errors in measurements, or assumptions made by property owners.

To accurately determine property lines, property owners should consider the following steps:

1. Review Property Deeds and Title Reports – The property deed often contains a legal description of the land’s boundaries. Reviewing these documents can help clarify the intended property limits.

2. Obtain a Professional Land Survey – A licensed land surveyor can measure and mark property boundaries based on official records. This can be crucial in resolving disputes and preventing future conflicts.

3. Consult Local Zoning and Planning Departments – Local government offices may have records, maps, and zoning regulations that can help define property lines more clearly.

4. Communicate with Neighbors – Open discussions with adjacent property owners can prevent disputes from escalating. In some cases, informal agreements or boundary line adjustments can resolve minor conflicts.

If a dispute over property lines arises, seeking legal counsel from an experienced real estate attorney like Borna can help property owners understand their rights and legal options.

Easements vs. Encroachments

Property disputes often involve issues related to easements and encroachments. Understanding the difference between these two concepts is essential for property owners to protect their rights.

Easements

An easement is a legal right granted to a person or entity to use another’s property for a specific purpose. Common examples include:

• Utility Easements – Allowing utility companies to install and maintain power lines, water pipes, or sewer systems.

• Right-of-Way Easements – Granting access to a road or driveway that crosses another’s property.

• Prescriptive Easements – Created when someone has used a portion of another’s property openly and continuously for a legally defined period, often without the owner’s permission.

Easements are typically recorded with the property deed and transfer with ownership unless otherwise agreed upon.

Encroachments

An encroachment occurs when a structure or improvement extends onto another’s property without permission. Common encroachments include:

• A fence, shed, or tree that crosses into a neighbor’s property.

• A building addition that exceeds the legal property boundary.

• Landscaping features, such as driveways or patios, that extend into another’s land.

Unlike easements, encroachments are often unintentional and can lead to legal disputes. If an encroachment is identified, the affected property owner may:

• Negotiate a Solution – Request the encroaching party to remove or modify the structure.

• Grant an Easement – Formally allow the encroachment through a legal agreement.

• Pursue Legal Action – File a lawsuit to remove the encroachment or seek compensation.

Conclusion

Ownership and boundary disputes can be complex and stressful for property owners. Whether the issue involves determining property lines, easements, or encroachments, having a knowledgeable real estate lawyer can make a significant difference. Borna, an experienced real estate attorney in California, assists clients in resolving disputes efficiently while protecting their property rights.

For professional legal assistance with ownership and boundary disputes, contact Borna at (888) 42-BORNA or visit his office at 2530 Wilshire Boulevard, 3rd Floor, Santa Monica, CA 90403.