Answer FileReal Estate

What should I do first in a property line dispute in California?

The answer, cited

Order a survey from a licensed land surveyor and pull the recorded deeds and a title report before doing anything else. Do not resort to self-help (removing a fence or cutting a neighbor's trees can trigger double or treble damages under Civil Code section 3346), and put all communications in writing.

Evidence decides boundary cases, so build the record before taking a position. In California, start with a survey by a licensed land surveyor tied to the recorded legal descriptions, then gather the deeds in both chains of title, a preliminary title report, and dated photographs of fences, driveways, and improvements; keep every communication with the neighbor in writing. Avoid self-help entirely: tearing out a fence invites its own liability, and damaging or removing a neighbor's trees exposes the actor to double or treble damages under Civil Code section 3346. The legal theories turn on history: an old fence honored for decades may support an agreed-boundary claim, long use of a driveway a prescriptive easement, while true adverse possession additionally requires five years of property tax payments (Code of Civil Procedure sections 321–325). Trespass and encroachment claims generally run three years (section 338(b)). Many disputes settle with a recorded boundary agreement or lot line adjustment rather than a quiet title trial.

Authority: Cal. Code Civ. Proc. § 338(b)

Source: Cal. Code Civ. Proc. § 338(b) · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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