Encroachment is a common yet often overlooked issue in California’s real estate scene. Understanding how encroachments occur is crucial for homeowners, buyers and developers alike.
This phenomenon happens when a property owner unlawfully extends their structure, landscaping or other improvements onto a neighboring property. It can range from a fence built over the property line to a garage or driveway crossing into another lot. Encroachments typically arise due to mistakes, negligence or intentional disregard of property boundaries.
Unclear property boundaries
One of the primary reasons encroachments happen is due to unclear or disputed property lines. In the Golden State, property boundaries are typically defined by surveys, deeds and legal descriptions. However, these documents can sometimes be ambiguous or outdated, especially in older neighborhoods.
If a property owner builds a structure without conducting a recent survey, they may inadvertently cross into a neighboring property. For example, a homeowner might install a fence or plant trees based on an assumed boundary line, only to discover later that it encroaches on their neighbor’s land.
Additionally, many property owners rely on visual markers rather than official survey records to determine boundaries. Over time, these informal markers may shift or be misplaced, leading to unintentional encroachments.
Mistakes in construction or landscaping
Encroachments can also occur due to errors during construction or landscaping projects. Contractors or homeowners may misread property lines or fail to account for:
- Easements
- Setbacks
- Zoning regulations
In the Golden State, where many properties are densely packed, even a small miscalculation can result in a significant encroachment. For instance, a new patio or swimming pool might extend beyond the legal property limits, creating a dispute with the adjacent property owner.
Intentional actions
While many encroachments are unintentional, some property owners may deliberately extend their improvements onto neighboring land. This can happen when a homeowner believes they can claim the land over time through adverse possession. This legal doctrine allows someone to gain ownership of property if they use it openly and continuously for a certain period. However, adverse possession claims are complex and rarely successful without clear evidence.
When it comes to California real estate, encroachments can lead to legal and financial challenges that may impact property owners and buyers. If an encroachment issue arises between neighbors, prompt action, legal support and negotiation can help to resolve conflicts efficiently.