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By Sabrina D. Johnson
October 31, 2024
It goes without saying that real estate is a hot commodity in San Diego County. With the increased property values, comes increased disputes between neighboring owners over property boundaries. Every square foot counts where we are paying premium prices (and property taxes!) for our beloved San Diego land.
Disputes frequently arise when one party has a survey performed for an unrelated reason (e.g., to begin a remodel or landscaping project). The surveying party discovers that, lo and behold, the fence between their property and their neighbor’s property is actually 4 feet off the boundary line at the back of their yards. Or, perhaps they discover that structures and/or a driveway are built encroaching over the boundary line.
When this happens, the hope is always that neighbors can work it out between themselves without having to retain attorneys and escalate to litigation. After all, you are going to have to live next door to this person for many years to come! However, that is not always possible, either due to difficult personalities, or simply an inability to compromise or reach a solution both parties are comfortable with.
When a boundary dispute arises, you have many factors to consider in reaching a resolution and evaluating the strengths of your position:
- How long has the discrepancy existed?
- Was there a fence in place? For how long?
- Were prior owners aware of the discrepancy? Did anyone give permission or agree to it?
- How is the “disputed area” used? For how long?
- Has one neighbor spent significant money improving or built a permanent structure in the disputed area?
- What are the relative hardships to the parties if they lose the use of the disputed area?
Depending on the answers to these questions, one neighbor may have legitimate arguments for title to the disputed area based on the doctrine of agreed boundaries. Or, one neighbor may have acquired an easement or irrevocable license over the area, or potentially even obtained title to the area through adverse possession. Or, it may simply be that the fence or other structures must be moved and the disputed area returned to its true owner.
Boundary dispute matters generally involve contacting prior owners, investigating the chain of title and history of both properties, and analyzing applicable case law to determine the strength of each owner’s relative legal and equitable claims to the disputed area.
Our firm regularly handles boundary disputes, and is prepared to help you navigate the process when one arises. If you are facing a dispute with your neighbor over the boundary line, or with any questions about these disputes generally, please feel free to contact Sabrina D. Johnson at sjohnson@hechtsolberg.com or Talon J. Powers at tpowers@hechtsolberg.com, or give us a call at (619) 239-3444.