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Options for resolving encroachment issues

On Behalf of | Oct 31, 2017 | Real Estate Litigation

Whether you have a great relationship with your neighbors, neighbor issues tend to arise over time. One of the most common issues is encroachment.

This can cover a few different types of issues. Should you face an encroachment issue with your neighbor, there are a few different resolutions available.


Simply talking to your neighbor may be able to save quite a bit of time, energy and money. Depending on the encroachment, your neighbor may be able and willing to move it, which could completely fix the issue. If your neighbor is not able to move it, or you decide it may stay on your land, you may consider providing her or him with written consent for the object to stay on your property.


If your neighbor is not able to remove the encroachment and you would like to avoid possible property issues in the future, you may consider selling the portion of the land to your neighbor. You receive payment for your loss and your neighbor is able to utilize the encroached-upon land free and clear, so both parties can be happy. To ensure it is handled properly, you may consider consulting your mortgage lender or an attorney.


If you are not able to come to a resolution with your neighbor, another possible course of action is to take the issue to court. It is essential you can prove land ownership in accordance with California’s real estate and land laws. You also want to gather any additional information to show your neighbor has no right or permission to encroach upon the land. Without a solid defense, a judge may decide in favor of the neighbor and provide access to the land under prescriptive easement.

This is a brief overview of the possible options for encroachment. To determine the best choice for you, take a closer look at the laws and consider consulting with a professional.