Resolving Boundary And Easement Disputes

Disputes between adjoining landowners over boundaries are common, in part because landowners often are unaware of where their property ends and the neighboring property begins. In some cases, the status quo may be maintained for years until one of the adjoining landowners conducts a survey and discovers that boundaries are not being adhered to. In others, disputes may arise over the misplacement of fences or trees.

Boundary dispute cases can be complex because of the varying laws and legal theories that come into play, including adverse possession and prescriptive easements. If you are involved in this type of case, you want to have a real estate law attorney on your side who understands the law and has experience with these issues. At Nialis Law Group, APLC, in Orange County, we have more than 35 years of experience getting results in boundary disputes. Our goal is to take whatever action is necessary to help you protect the property that is rightfully yours.

How Adverse Possession And Prescriptive Easements Work

Adverse possession and prescriptive easements are often being mistaken as interchangeable. While they are similar, there are important distinctions.

A prescriptive easement, unlike other types of easements, is not purchased or granted. A landowner may obtain a prescriptive easement on another's property through continued use. The prescriptive easement allows the landowner to limited use or enjoyment of another's land. It does not grant ownership to that land.

Adverse possession is similar in that it is earned by continued use of another landowner's property. However, adverse possession comes with full title to the property. In California, adverse possession is difficult to obtain, because one of the criteria is that the landowner taking adverse possession must prove that he or she paid taxes on the property.

These issues do not come into play in every boundary dispute, but when they do, we understand how to prove or disprove as appropriate.

Remedies In Adjoining Landowner And Property Encroachment Disputes

When it comes to boundary disputes, there are as many options as there are unique situations. Ideally, these matters should be resolved in a way that avoids long-term animosity between neighbors. We strive to reach mutually beneficial agreements, when appropriate. This may involve compensation for one landowner, the movement of fences or trees or other steps. We have trial strength and are prepared to fight as necessary to protect your property.

To learn more about how a lawyer from Nialis Law Group, APLC, can help, contact us via email or call 714-464-3408.