Boundaries, Fences and Easements
Where the line actually falls, who may cross it, and how long use hardens into a right.
All 8 articles on this subject
How Are Neighbor Boundary Disputes Resolved in California?
Where the line falls is a question of record, not memory. How California boundary disputes are proved, and what a long-standing fence really settles.
4 min readEasements in California
An easement is a right to use land you do not own. How each kind arises in California, and what the owner of the burdened land can still do.
4 min readBoundary Fences and Spite Fences
California presumes neighbors share the cost of a dividing fence and requires 30 days' written notice first. A malicious fence over 10 feet is a nuisance.
5 min readMetes and Bounds Descriptions in California
A metes and bounds description traces a boundary by bearings and distances between monuments. How to read one, and why two can describe the same land differently.
3 min readPrescriptive Easements in California
Five years of open use without permission can create a right to keep using someone else's land, with no requirement to have paid the taxes on it.
3 min readSpite Fences in California
A fence built purely to annoy a neighbor can be a private nuisance. Civil Code section 841.4 sets the test, and each of its elements defeats most complaints.
2 min readWhat Is an Agreed Boundary Line in California?
Neighbors can set an agreed boundary line only when the true line is uncertain and they actually agree on it. A fence both sides lived with is not enough.
3 min readMy Neighbor's Fence or Driveway Is on My Land. What Now?
California courts do not automatically order an encroachment removed. They weigh the hardship of removal against the harm of leaving it in place.
3 min read