There is an old saying that, “Good fences make good neighbors,” the idea being that clear and durable demarcations between neighboring properties clear up any confusion over what belongs to whom and keeps each neighbor from encroaching on the other’s property. But what if the fence is not on the actual boundary line between the properties? And what if there is no fence at all, but rather a hazy understanding of where each property ends along with some conflicting deeds? When neighbors have a dispute about boundary lines – or where one neighbor claims the right to another’s property through a prescriptive easement or adverse possession – it is important to work with a real estate litigation attorney to effectively resolve the matter. The real estate litigation attorneys at Wagenseller Law Firm have the experience, resources, and knowledge of California real estate law to effectively work on your behalf in resolving any commercial or residential neighbor lawsuit you are facing.
Boundary Disputes / Quiet Title Actions
When neighbors have disagreements about the proper boundaries of their properties, things can quickly get heated, with police visits and restraining orders being a not-uncommon occurrence. Our attorneys, however, will work with you to take the proper legal action to resolve the matter in your favor. In so doing, we can navigate you through the process of commissioning a land survey and then taking the appropriate steps to legally enforce the results through a quiet title action in court which will definitively memorialize the land boundary and give you the power to eject your neighbor and/or his property from the land that is yours.
Prescriptive Easements and Adverse Possession
Where the boundary line is determined to be at a specific place, and a neighbor is nevertheless encroaching on your property – or, alternatively, you may be encroaching on your neighbor’s property – the law may still recognize the right of one property to be on another’s property through the concepts of a prescriptive easement or adverse possession.
With a prescriptive easement, the law will recognize the right of one neighbor to have a limited property interest in another’s property, short of ownership. This is often the right to pass over another’s property, for example to walk to the beach or to drive to a public road. Our attorneys can help you litigate to your preferred outcome in a prescriptive easement action.
With adverse possession, one property owner is actually claiming outright ownership of another’s property due to continuous use of that property over an extended period of time. Our attorneys can work with you to either establish or defeat a claim of adverse possession.
Contact the Real Estate Attorneys at Wagenseller Law Firm
At Wagenseller Law Firm in downtown Los Angeles, our attorneys have extensive experience in resolving all types of real estate litigation matters, both in the residential and commercial markets, and we look forward to learning what we can do for you. Contact the Wagenseller Law Firm today to schedule a consultation to discuss your matter.