It is very common for neighboring or adjoining properties to develop issues between the owners regarding a variety of topics or issues. Some of the types of issues that can develop include:
- What are the owner’s responsibilities regarding division fences or property line fences
- What is the legal effect when one property has a portion of their property fenced in by their neighbor’s fence
- Easement issues which might include
- Determining the scope of an easement and whether its scope has changed over time
- Determining whether easement rights exist or whether they have terminated over time
- Whether or not easement rights have accrued over time under varying legal theories including for example:
- Prescriptive easements
- Easements by necessity
- The duties of property owners in maintaining and repairing easements
- Determining the legal effect of an encroachment onto a neighbor’s property or from a neighbor’s property (which is when there is a projection of a building, structure, or other thing on one tract of land onto another tract of land)
- The legal effect of agreements between neighbors regarding the property lines or easement rights
- Whether or not a property owner is using their property in such a way to commit a nuisance or trespass
- Tree issues
The issues that develop and disputes that arise between neighboring property owners can be many. Over the course of the next few weeks I will publish articles in this blog which discuss many of these issues including the legal rights involved, common problems, and ways to deal with some of these issues in California.
I regularly represent clients in California throughout the Bay Area and in the East Bay in varying types of boundary disputes, easement issues, and neighboring property issues. Please keep a lookout for later articles on these issues. If in the meantime, however, you have questions, need a consultation, or need representation by a California attorney regarding these types of issues, please feel free to contact me to arrange for a consultation at (510) 465-0025.