Land is a precious resource everywhere, but the monetary value assigned to it is especially high in northern California. Being able to get full use of the land you pay good money for is essential for any homeowner, business owner, developer- for anyone who is involved in real estate, period. However, there are often instances where neighbors may overstep their bounds and go onto your land, or think that you are trespassing beyond your boundary. In Northern California, boundary disputes are quite common- and when they do happen, the only way to resolve them in a way that protects your interests is through experienced legal support.

Why Boundary Disputes Happen

There are a few reasons why boundary disputes pop up, but one of the most common ones is confusion of physical divisions such as hedgerows, fences, or power lines for legal boundaries. Barrier-type features may appear to be boundaries and are often taken as such, even if they don’t align with officially surveyed property lines. Often, boundary disputes arise from simple mistakes; which is why neighbors may wrongly assume where a property line is located and act accordingly, even if a survey has been executed and everybody involved in the dispute is acting in good faith. However, there are instances where property owners violate the boundary and cross into their neighbors’ territory on purpose. No matter if it’s done pursuant to an implicit agreement or done in hostility, such a situation can result in legal issues.

How The Courts Will Evaluate Boundary Disputes

Boundary disputes are one of the most commonly litigated areas of California property law. Even though it comes up so often, there isn’t any simple formula for resolving boundary issues, and there are several approaches California courts may take. California courts used to favor a standard known as “fairness and common sense” that accounted for the relative hardships suffered by each party depending on the outcome. This standard established that even if a neighbor was obviously over the property line, the “true” property line may be ignored by the courts if the neighbor would suffer serious economic harm (i.e having to destroy a building) while the other neighbor wasn’t as affected. Today, most California courts are shifting towards stricter definitions of land surveys and legal descriptions of the land when available. However, there are always exceptions, such as if there has been a fence in place for many years that has been acknowledged by the area as a boundary line. In that example, the court may decide to keep the fence.

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Boundary disputes can quickly become complex, and it’s better to get an experienced California real estate litigation lawyer on your side sooner rather than later. If a boundary dispute arises between you and a neighbor, consulting with a lawyer early on may help you avoid having to take it to court, which could get lengthy and expensive. If it does go to court, a property law attorney will optimize your outcome. Call the Law Office of Ball & Yorke for a consultation today.