You walk outside one day and notice your neighbor’s new fence, driveway, or wall creeping onto your side of the line. It feels small at first, but then you start to worry.
Is this really on your property? Can you lose that strip of land if you do nothing? What are your options that do not immediately turn the situation into a full legal war?
Encroachment disputes are very common in California, especially in neighborhoods where lots are tight and improvements are close to the line. The good news is that you often have options, and many disputes can be solved with a mix of practical steps and legal guidance.
Stone & Sallus helps property owners, investors, and businesses across California deal with encroachments, boundary issues, and title disputes. Below is a practical guide so you can understand what is happening and what to do next.
What Is Encroachment Under California Law?
In simple terms, an encroachment is a structure or improvement that crosses the legal boundary and sits on someone else’s property without a legal right to be there.
It can involve:
- A fence or block wall built over the line
- A driveway or parking pad that extends onto a neighbor’s land
- A roof, balcony, stairway, or eave that hangs over the property line
- A retaining wall or hardscape built partly on the wrong parcel
- A shed or small structure that sits across the boundary
It is helpful to keep a few related concepts separate:
- Encroachment: A physical structure located on or over your land without a right.
- Easement: A legal right to use part of someone else’s property for a specific purpose, such as access or utilities.
- Nuisance: Interference with the use and enjoyment of property, which might not involve a structure across the line.
The key question is whether your neighbor has a legal right to use that portion of your land. If not, you may be dealing with an encroachment.
Confirming There Really Is an Encroachment
Before you confront a neighbor or contact a lawyer, you want to be as sure as possible about the facts. Boundary disputes are emotional, and having clear documentation helps everyone focus on solutions rather than opinions.
Review Your Deed, Legal Description, and Title Documents
Start with your own paperwork. Your recorded deed and the legal description of your parcel tell you where the property lines are supposed to be. If you bought your home or building with title insurance, you may have:
- A title report
- A subdivision or tract map
- Prior surveys or sketches
These documents are a useful starting point, but they are not a substitute for a current survey, especially if improvements were built long after the original map.
Ordering a Survey and Getting the Facts
A licensed land surveyor can go to the site, review the recorded documents, and physically mark the boundary lines. In many California encroachment disputes, a current survey is the single most important document.
A survey can help answer questions such as:
- Is the fence actually on your side, or does it just look that way?
- How far does the driveway or wall cross the line, if at all?
- Are there older monuments, pins, or markers that were ignored during construction?
Surveys cost money, but they are usually far less expensive than a drawn-out court battle based on guesswork.
Documenting the Problem
While you are gathering information, it is also smart to document what you see. For example:
- Take clear photos of the fence, wall, or structure from different angles.
- Note the date you first noticed the issue.
- Save any texts, emails, or letters you exchanged with your neighbor.
This documentation can help later, especially if questions arise about how long the encroachment has been there or what was said.
Practical First Steps Before You Go To Court
Litigation is sometimes necessary, but it is rarely the first step. Many California property owners resolve encroachments with conversation, documentation, and carefully drafted agreements.
Talk To Your Neighbor Carefully
If it feels safe to do so, consider a calm conversation with your neighbor. Share what you have found and frame the discussion around solving a shared problem.
It can help to:
- Bring a copy of the survey or relevant documents.
- Avoid accusations and focus on the boundary, not the person.
- Make it clear you want to avoid unnecessary conflict and costs.
Sometimes neighbors simply did not realize they were over the line and are willing to cooperate once the facts are clear.
Put Things In Writing
Verbal conversations are useful, but you should follow up in writing, even with a friendly email. A simple recap can say:
- What the issue is
- What the survey or documents show
- Any ideas you both discussed to resolve it
If the dispute later escalates, written records can be very important for showing you tried to resolve the matter reasonably.
Consider Mediation or HOA Involvement
In communities with homeowners associations, there may be rules, architectural guidelines, or committees that address fences, walls, and improvements. Involving the HOA can sometimes help push a solution forward.
Mediation is another useful tool. A neutral mediator helps both sides talk through options, often at a much lower cost and stress level than court.
Legal Options When a Neighbor Encroaches on Your Property
If informal efforts do not resolve the issue, you may need legal tools to protect your property rights. The right solution depends on the size of the encroachment, its impact on your property, the history of the structure, and your long term goals.
Negotiating an Easement, License, or Encroachment Agreement
In some cases, it may not be practical to move a structure. For example, a retaining wall or part of a building can be expensive and risky to alter.
In situations like this, you and your neighbor may agree to:
- A permanent easement
- A temporary or revocable license
- A recorded encroachment agreement
These documents can confirm that the encroachment is allowed under certain conditions, sometimes with payment or other terms. It is very important that any agreement be written, signed, and recorded in the county records. Handshake deals can create problems if one of you sells the property later.
Boundary Line Adjustments or Lot Line Agreements
Sometimes the most practical fix is to slightly adjust the lot line. This can involve:
- Agreeing on a new boundary
- Preparing a legal description and deeds
- Obtaining approvals from local planning or zoning authorities if required
A boundary line adjustment can clean up a long running problem and align the legal boundary with what is on the ground.
Demanding Removal or Modification
If the encroachment significantly affects your use of the property, blocks access, or harms its value, removal may be the right option. Your lawyer can send a formal demand letter that:
- Identifies the encroachment
- Refers to surveys or documents
- Demands removal or modification within a certain time
Often, this opens the door to serious negotiations. Sometimes it leads directly into litigation if the neighbor refuses to cooperate.
Lawsuits and Court Remedies
If you cannot reach an agreement, court involvement may be necessary. Depending on the situation, potential claims can include:
- Quiet title or declaratory relief, to clarify ownership and boundary rights
- Trespass or nuisance, for the unauthorized use of your land
- Requests for injunctions, which are court orders requiring removal or modification
- Monetary damages for loss of use or diminished property value
California courts often look at factors such as how serious the encroachment is, whether it was intentional or in good faith, how long it has been there, and what it would cost to remove it. An experienced real estate attorney can help frame your case in a way that reflects both legal rights and practical realities.
When You Are The One Encroaching On Your Neighbor’s Property
Sometimes property owners learn from a survey or a complaint that their own fence, wall, or driveway is over the line. Ignoring this can make the situation worse over time, especially if the neighbor later claims damages or demands large changes on short notice.
If you are the one encroaching, you might consider:
- Voluntarily moving or removing the fence, wall, or structure
- Negotiating an easement or boundary adjustment that legalizes the current layout
- Working with a lawyer to respond if you receive a demand letter or lawsuit
You should be very cautious about signing any agreement or spending large sums on changes until you understand both the legal and financial implications.
Time Limits, Long Term Use, and Prescriptive Rights
Boundary issues in California often involve questions about time. In some situations, long term use of land can lead to rights such as prescriptive easements or equitable interests, even if there was no formal agreement at the start.
Two important points to keep in mind:
- Waiting can hurt your options. There are statutes of limitation for real property claims, and delays can complicate the evidence and weaken your position.
- Long term encroachments create complex arguments. If a structure has been in place for many years, your neighbor may claim that certain rights have developed over time. These arguments are very fact specific and require careful legal analysis.
If you think an encroachment has existed for many years, or if you are dealing with a property purchased with an existing fence or wall, it is especially important to speak with a California real estate attorney.
Common Encroachment Scenarios In California
Here are a few situations we frequently see:
- Fence built a foot or two over the line: Often discovered during a sale or after a new survey. Options can include moving the fence, recording an encroachment agreement, or adjusting the lot line.
- Driveway or parking pad crossing the boundary: This can affect access, maneuvering space, and value. Easements or boundary adjustments are common solutions.
- Retaining wall or slope protection built partly on a neighbor’s land: Removal may be costly or unsafe, so agreements and easements are often discussed.
- Rooflines, balconies, staircases, or overhangs that extend over the line: These can trigger concerns about safety, maintenance, and liability.
- Shared walls or improvements in multi unit buildings: These often involve additional layers, such as CC&Rs, HOAs, or commercial leases.
In every scenario, the best solution depends on the facts, the documents, and the goals of the owners involved.
When To Call Stone & Sallus About An Encroachment Problem
You should consider speaking with a lawyer if:
- Your neighbor refuses to discuss the issue or denies there is a problem
- The encroachment impacts access, safety, or drainage, or reduces your usable space
- You are buying or selling property and a survey reveals an encroachment
- You have received a demand letter or threat of legal action, or you are considering sending one yourself
Stone & Sallus represents homeowners, landlords, investors, developers, and businesses throughout California in boundary and encroachment matters. We can review your survey, title documents, photos, and correspondence, then help you choose a strategy that fits your goals and budget.
If you are facing an encroachment, you do not have to guess your way through it. You can contact Stone & Sallus to schedule a consultation and get clear guidance on your next steps.
Frequently Asked Questions About Encroachments In California
Is a fence on my property automatically an encroachment?
Not always. You first need to confirm where the legal boundary is, usually with a survey and a review of title documents. Once the true line is clear, you can evaluate whether the fence is an encroachment or part of an agreed boundary.
Can I just remove the encroaching structure myself?
Taking action on your own can create legal risk, especially if you damage someone else’s property. You should speak with an attorney before removing or altering a fence, wall, or structure that involves a boundary dispute.
Do I lose my land if I ignore an encroachment for years?
Waiting can make the situation more complicated and may affect your legal options over time. Certain rights can develop when a structure remains in place for a long period. It is much safer to address the issue as soon as you discover it.
Who pays for the survey and the cost of moving a fence or wall?
There is no single rule that applies to every case. Sometimes owners agree to share costs, and sometimes a court may allocate expenses. A lawyer can help you negotiate or seek a fair allocation based on the facts.
Can we fix an encroachment without going to court?
Yes. Many California encroachments are resolved through surveys, written agreements, easements, or boundary adjustments, without a lawsuit. Early legal advice often helps you reach a practical solution before positions harden.
