One way to deal with these issues is to be proactive and avoid them in the first place. Encroachments can include : a fence built on your property, a shed which partially enters your property, or a garden bed which is partly on your land. Encroachment describes any situation where one person is using or building on another person’s property. Many new investors chase cash flow with cheap homes, but these properties likely won’t bring in the profits you’re hoping for. Over the Line: Misplaced fences, roads and other boundary disputes. Had promised retaining wall one year prior but has done nothing. Start analyzing real estate properties, we do the math for you. They need not all end in bitter litigation. Let me know in the comment section below. While he was there he looked at the surveyor stake placed by a very prominent surveyor and agreed that it was impossible for the property line to be where the neighbor says. Create an account today to get BiggerPocket's best blog articles delivered to your inbox. Encroachment describes any situation where one person is using or building on another person’s property. Encroachment is generally not a criminal issue but is something that is dealt with through the civil legal system. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. We had a surveyor come out to estimate the cost. Negotiate, if you feel the other party is amicable. A fence encroachment can occur when you discover a fence was built or is being built on your land. The point is there’s a reason the person is on the property, and it is generally for a short period. Generally, such disputes occur over neighboring properties where property lines aren't clearly defined or visible. There is no substitute for legal counsel, particularly not this article. Now that said, encroachment in reality is far more complex than this basic definition. Real Estate Investing Basics If you are involved in a boundary dispute, our goal is to work hard to help you reach a resolution that protects your property and its value. What is the best recourse? California law presumes that a fence located directly on the property line benefits both homeowners equally. Stay up-to-date with how the law affects your life, Name Firefox, or There’s an old saying, “Good fences make good neighbors.” While that may be true normally, sometimes a neighbor’s fence is out of place and on your side of the property line. Fortunately, you don’t have to defend your private property by brute force with a small army. What Does Encroachment Look Like in Real Life? I bought a house that was built in 1926 and the side porch, walkway and concrete steps were supposed to be on the property line. CA’s Good Neighbor Fence Law. San Diego–Tijuana is an international transborder agglomeration, straddling the border of the adjacent North American coastal cities of San Diego, California, United States and Tijuana, Baja California, Mexico.The 2012 population of the region was 4,922,723, making it the largest bi-national conurbation shared between the United States and Mexico, the second-largest shared … An encroachment exists where a building or other improvement (such as a wall or fence, patio, or landscaping) on one property extends beyond the property line and encroaches upon an adjoining property. On its face, it isn’t a particularly tough concept to grasp. Search, Property Boundaries, Lines, and Neighbors FAQ. However, there is a big difference between having adverse possession perfected and having title recognized. In the next four paragraphs we will examine two relevant statutes as a background to understanding the case law that has evolved concerning fence and boundary lines. California does have a “spite fence” law allowing the obstructed neighbor to take legal action for remedy. California law doesn't recognize a right to a view, Rubens said, but some cities have view-protection ordinances. Since the fence is relatively new, the fencing company may be responsible for building the fence on your property. Related: 10 Rental Property Red Flags You Should Never Ignore. Shrubs that grow on a property line can serve as both landscaping and a property boundary. Find local real estate meetups and events in your area. The law regarding fence and boundary line disputes is a combination of legislative statute and case law. the people next door to us built a car port and it is clearly on our property but they said they had a survey done and its legal well its not because its been in family for nearly 100 yrs and a friend did the survey i went to hunt stand and downloaded there app it shows there on our property by at least 20 feet and went to property lines online shows same boundary lines there on our property but now there selling there place i told the jerk that he is not profiting off our property he still says there right were wrong he wired off like 25 by 300 ft with lil green fence post and a wire to show its his property . But in reality, it's far more complex. The drives left from San Antonio and Fredericksburg and took a perilous six-month journey through El Paso to San Diego and Los Angeles. The height of a fence, wall or hedge shall be measured vertically from the natural or finished existing grade, whichever is lower, at the base of the fence, wall or hedge to the top of the fence, wall or hedge above that grade. An issue that often comes up between neighbors is whether there has been an encroachment of the legal boundary lines by an adjoining owner. Encroachments are often discovered… When speaking with newcomers to the real estate investment world, there are a few pieces of advice I give over and over. California Law for Homeowners Maintaining Shrubbery Property Line. Copyright © 2021, Thomson Reuters. It is on the Southern California coast, in San Diego County, and bordered by Oceanside to the south, Cleveland National Forest, San Clemente, and Orange County to the north, Riverside County to the northeast, and Fallbrook to … See why one investor has strong feelings about investing based on cash flow, not on potential tax benefits. Understanding finders’ fees and knowing what percentage you are willing to pay are important aspects of becoming a successful real estate investor. Unless they mutually agree otherwise, each owner is responsible for one-half of the cost of the repairs. can i hire a attorney and sue them for ruining our land and falsifying property lines ?we also said to them if they want to buy it ok for a good price but want to be jerks about it all, Adjacent landowner cut 10 ft down right on property line on my back one acre while leveling his land that is now eroding onto my property. Sometimes even a hedge can act as a boundary. What Can I Do About Encroachment on My Property? Whether the disagreement involves fences or trees, neighborhood disputes can seriously disrupt your life and even affect your property value. I do believe that one thing people need to remember in these disputes is that ultimately you are dealing with your neighbor, so the ultimate goal is to aim for a win-win scenario. We could have been jerks but decided we would just settle it this way and the neighbor may be unhappy but I think he has figured out he was really in the the wrong. C. Height of Fences, Walls, Gates and Hedges. We have an issue with the neighboring tenant to our small apartment complex. You should first talk to the neighbor about moving the fence. Legal documents show this: 13 years ago, parents gave two property to son and daughter for each. We have a neighbor who claims we have encroached on his property, in fact, claims that previous owner of our property did prior to the neighbor owning the house. Perhaps you have an encroaching neighbor's tree or fence on your property, which was not discovered until a surveyor was recently hired. Here are some common examples of encroachment issues you may encounter: It shouldn’t take much imagination to see how a person abusing their simple access to an easement can make a homeowner’s life difficult. For instance, you can conduct a survey so that you know exactly where your property ends. The following specific criteria shall apply in all residential districts: 1. Personally, I would dismantle the fence without damaging the materials, politely storing them on the neighbors side of the line. As such, both are responsible for maintaining the condition of the fence and the costs of any repairs. Instead, we offered to split the cost of a surveyor to come and stake it. Are you currently dealing with an encroachment-related situation? In California, if a person waits three years and a day to bring a court action against someone for property encroachment, state law allows the court to dismiss the case. However, if a person knowingly cuts down or damages a boundary tree, then they can be charged with a misdemeanor. Someone building directly on your property. Written by financial journalists and data scientists, get 60+ pages of newsworthy content, expert-driven advice, and data-backed research written in a clear way to help you navigate your tough investment decisions in an ever-changing financial climate! Re: Encroachment by decaying fence. Noland construed Oregon law to state that water rights held abandoned for one year or more are open to relocation and possession by another locator. Jennison v. Unless the property owners to a fence dispute mutually agree, fences that are located on the actual boundary line belong to both property owners. rel. Notwithstanding anything herein to the extent California law addresses the lien priority issue, California law shall prevail. However, even with careful planning, you can't always avoid conflict and must deal with neighbor disputes when they occur. The agreement was that we would each select a surveyor and get a quote then would discuss the options. Fences and Local Ordinances. Most cities, and it may depend on the development, have set backs from the adjacent property. Learn more about your rights and options by contacting a local real estate attorney near you. Now there is a buyer for the house who is threatening to back out of the sale because she thinks the neighbor might make her rip down the porch. Related: Crime Proof Your Properties: Lessons from a Gang Threat. If you signed up for BiggerPockets via Facebook, you can log in with just one click! An “encroachment” generally refers to a situation in which there is unauthorized trespass by someone onto another’s property. “You’d spend $3000 to $4000 more going to court. What does the law say? Scott Royal Smith is an asset protection attorney and long-time real estate investor. If the neighbor does not make repairs within 30 days, then the owner who served notice may make repairs and get compensation for one-half of the cost of the repairs. Real Estate Investing Basics Someone abusing a valid easement. To build within that set back requires a variance from the neighbor. A key question in the law of easements is whether the right to use the land (the easement itself) is express or implied. Encroachment is the building of a structure partly or entirely on a neighbor’s property. The California Court of Appeal, in Martin v. Van Bergen (2012) 146 Cal. Florida case law also makes it illegal to build a "spite fence" – a fence built for no other purpose than to interfere with a neighbor's property rights. The costs involved must be ‘reasonable,’ and backed up by evidence of their need. Now, I certainly hope you’re reading this for purely educational purposes as a continued part of your personal enrichment as an investor. The chart below provides a summary of laws related to property lines and fence laws in Colorado, including links to important code sections. 2011-12-01 Temporary Restraining Order Denial Regarding SDMC 54.0110-- , Citizens Oversight, Encroachment Law (M1298) 2011-11-30 LUTZ FILES CIVIL RIGHTS SUIT AGAINST BUILDING MANAGER OVER ARREST WHILE REGISTERING VOTERS AT CIVIC CENTER PLAZA -- Miriam Raftery , East County Magazine , Mentions Michael Aguirre In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a few exceptions. Homeowners with, for example, public beachfront property may have easements that allow neighbors or even the general public the specific right to use a certain area for traveling to and from the beach. Real Estate Investing Basics Feb 07, 2021. Property owners have the right to cut off roots and tree branches that cross into their property. The California cattle drives ended after the market there went bust in 1857. In Florida, a fence can be considered a nuisance if its construction was motivated by malice, rather than a legitimate purpose such as preventing trespassing or vandalism. Bottom Line: Get a Real Estate Lawyer’s Help. A few years ago someone bought the lot on that side and proceeded with a law suit. And yes, an easement may even be a solution to a potential encroachment, if appropriate. Major real estate disputes (and especially threats of legal action) are compelling reasons to get a qualified real estate attorney’s opinion of your circumstances and what to do next. Encroachments - How to Protect Your Boundary Lines Encroachment Agreement Form. This is a really tough problem, because the laws (statutes) of California on boundary fences are archaic (from 1872) and deal with the problems of neighboring ranchers and whether or not each of them chooses to enclose … Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Using a phrase of random words (like: By signing up, you indicate that you agree to the, Crime Proof Your Properties: Lessons from a Gang Threat, 10 Rental Property Red Flags You Should Never Ignore, Why It’s Almost Always a Bad Idea To Invest in Real Estate To Save Money on Taxes, Finder’s Fees: What Real Estate Investors Need To Know, 4 Things The Real Estate Rookie Host Always Tells New Investors, Why Buying Cheap Homes Won’t Make You Money. But your neighbor has other things in mind. The person who trims the tree is responsible for all expenses associated with the trimming. Microsoft Edge. Feb 04, 2021. Right-of-Way Easements for Private Use. All rights reserved. Real Estate Investing Basics LOL, guy never brought his survey estimate over and hasn’t mentioned this for over a year. Encroachments and easements are not the same. Issues need to be cleared up in a timely matter. When the California gold rush began in 1849, Texas ranchers organized cattle drives to provide food for the "Forty-Niners." But it’s helpful to understand that encroachment can manifest itself in a few ways. My sister won because they openly used that property for over 40 years and so this caused the lot line to be moved to include their fence ( I think the original owner put that fence in shortly after they built, this house is on the same street I grew up on). This is especially the case where homes are built in close proximity. The owners of each property have the responsibility to build one-half of the fence. By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions. Title to property is usually transferred by means of a deed. I could have given him a lecture on the fact that this would be open and hostile use for over 25 years (there is a small building on this part of the property). Here is what to do if that happens: Existing fences: Upon consulting a survey plan or property deed, you discover that a fence was built on your land by a current or past neighbor, and not along the property line as you thought. Define your property line with a formal survey. Not wanting to start a war with them, we haven’t proceeded with replacing that section of the fence. (Bookout v. State of California ex. Re: Fence and Encroachment . I then explained that Florida law requires any transfer of an interest in real property, including a grant of an easement to construct a fence, be in writing and recorded in … In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Just this fact is enough to stay away from this daughter’s family and the property…. Batrouney says a standard fence – a 130-foot paling fence – usually costs $2000, which by law the other party should contribute half. At DiJulio Law Group, we understand the value of real estate and we understand the importance of protecting your property. Internet Explorer 11 is no longer supported. The email address cannot be subscribed. Colorado Property Line and Fence Laws at a Glance. But if this subject is a little closer to home for you, don’t shy away from getting some help. Are you experiencing a dispute with your neighbor? Subscribe today and get the Oct/Nov issue delivered to your door! While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Please try again. Offering a concession, such as moving a fence line or repositioning another structure, is generally the right thing to do. Below are potential solutions to encroachment. The owners of each property must maintain and share the costs of maintaining the partition fence. Using a phrase of random words (like: paper Dog team blue) is secure and easy to remember. Most fence issues revolve around the height, location and appearance of the fence and whether there has been an encroachment of the legal boundary lines by an adjoining property owner. Unless the property owners to a fence dispute mutually agree, fences that are located on the actual boundary line belong to both property owners. For as long as we’ve had concepts of “my land” and “your land” (or even “public land” vs. “private land”), we’ve had disputes around such distinctions. If, for instance, your property is between a popular destination and a neighbor’s property, you may have the legal right to work it out between yourselves and even make a profit off of your desirable location. Evidencing when the fence was built, especially if in excess of 10 years, is a very significant determinant of whether or not adverse possession has been perfected. If your neighbor has taken a few feet of your land when building his fence… The term "fence" can be interpreted broadly and encompasses not only all kinds of traditional fences, but also includes markers, bushes, and trees that can be considered a fence, as they serve as a partition between properties. You think the fence is on your commonly-owned boundary line and want your neighbor to help pay for the cost. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Great idea to participate in matching quotes for the solution! The tenant actually enclosed their patio to our fence, shedding the roof so that it would drain on our property, accept for guttering that is over the top of our fence, with the downspout draining on their side of the fence. Easements are legal means of allowing another person access to your land, assuming they are progressing to another structure. Get at least one professional opinion. One common form of trespassing is when a neighbor's driveway or fence encroaches onto someone else's land. Use at least 8 characters. Adverse Possession for Encroachment A similar, related issue to encroachments is the concept of Adverse Possession, which is a long-established legal principal that has existed as part of the common law in most states for many years. Are you a legal professional? Encroachment occurs when a person (usually a neighbor) builds on or uses your land and attempts to claim ownership. An owner may give the neighbor written notice that the fence needs repairs. An issue that often comes up between neighbors is whether there has been an encroachment of the legal boundary lines by an adjoining owner. In some cases, though, that can be very difficult. Knowingly cutting, altering, or removing a boundary tree is a class 2 misdemeanor. Now here is the kicker, if you don’t enforce your property, including the set backs, you could be seen as granting an easement for the building within that set back. Someone routinely trespassing on property, whether for a particular purpose or not. A landowner may remove a fence erected on his or her property by the adjoining owner if the adjoining landowner erected it in the absence of an agreement as to the right of removal. Generally, such disputes occur over neighboring properties where exact property lines may not be clearly defined or easily visible. Marine Corps Base Camp Pendleton is the major West Coast base of the United States Marine Corps and is one of the largest Marine Corps bases in the US. Visit our professional site », Created by FindLaw's team of legal writers and editors Dept. Which are best for you is a subject to discuss with an attorney you trust. What the article didn’t cover was building encroachment. Feb 02, 2021. Thanks. Some states, such as California, had their own version of law concerning easements across state land prior to the Carey Act. PasswordUse at least 8 characters. Encroachment disputes in reality are almost as old as human civilization. It may be helpful to actually look at the situation from the other party’s perspective and determine if there’s a compromise you can live with. Expertise: Landlording & Rental Properties, Business Management, Personal Finance, Real Estate News & Commentary, Real Estate Investing Basics. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. Receive a free digital download of The Ultimate Beginner's Guide to Real Estate Investing. Their duplexes are D grade, if that and improving our property would make his look worse. The longer the fence remains the harder it will be to get it moved. His law firm, Reminds me of an episode of The cost of moving the fence is for your neighbor to resolve with the company that built the fence. By: Keith J. Turner and Angelica J. 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