A common occurrence in my real estate practice involves one person using another’s property, whether it be a path, a driveway, for parking or even a fence over the true property line.All of you jailhouse lawyers know or think you know that if one person [...]
A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Must the encroachment over the boundary [...]
Easements Generally An easement allows one party to use the land of another party for a particular purpose. Easements can be created in California in a variety of ways: by written agreement, by implication, by necessity, by equity, and, also, by prescription -- adverse, notorious, [...]
Most of you have heard of a prescriptive easement. This interesting legal theory often comes into play when one property owner inadvertently builds over the property line of a neighbor or when a driveway or path has been used over someone else’s property. Can the [...]
Overview: Building part of a garage or home or landscaping or even planting flowers just over the property line on your neighbor’s property is par for the course in the Sierra it seems, our office handles dozens of boundary line encroachment cases. So it is [...]