Providing Experienced Legal Counsel for All Types of Homeowners' Disputes In San Diego

Real property ownership is one of the hallmarks of the American Dream. Buying your own home can be a rite of passage for young couples, a place to raise a family for others, and an investment in the future for all of the above. If you believe that your property is being intruded upon illegally by your neighbors, the utilities or anyone else, you need to consider hiring an attorney with real estate experience to advise you on how to protect your property and its value.

At Mayfield Bustarde, LLP, our skilled real estate lawyers will assist you in defending your rights as a property owner through a combination of sound legal advice and measured legal action. Contact us online or call 877-291-6671 to schedule a consultation.

Common Culprits in Boundary Disputes

Boundary disputes are extremely common areas of contention among neighbors. Fences, walls and driveways are all usual suspects when it comes to arguments about the property line. The first step, of course, is to come to an agreement about where the property line is. Once that has been established, it is fairly simple to ascertain whether a path, fence or structure is on the right or wrong side of the property line.

Property Line Dispute Resolutions Are the Hard Part

What happens when there is a fence that has been built just on the wrong side of the line? You can probably take it down and rebuild it again on the right side. Unfortunately, that scenario is as easy as it gets. There are a number of issues that are likely to arise, and they can be very difficult to resolve.

The length of time the property line discrepancy has been in existence plays a big role in figuring out the appropriate remedy. In the above example of the fence, if your neighbor had just put up the fence, the outcome may be significantly different than if the fence has been there for years and you knew about it.

The laws of real property are extremely complicated, but our experienced real property lawyers understand the full range of options available to property owners who find themselves in a boundary dispute. Some common resolutions include:

  • Removal of the encroachment: Simply removing the encroachment, like the fence mentioned above, is generally the easiest and most cost-effective choice when available.
  • Sale of the encroached property to the encroacher: Calculating the size of the encroachment and then selling it at the market rate is a possible outcome where removal is not viable or practical.
  • Prescriptive easement: If a property owner waits too long to confront an encroachment, the encroaching party may acquire a prescriptive easement, which gives the encroacher the right to use the land.
  • Adverse possession: If a trespasser has occupied the land in question openly, with the knowledge of the property owner, and continuously for five years, they may be able to claim ownership of the property through adverse possession.

No matter which side of the encroachment you are on, Mayfield Bustarde can help you defend your real property rights. Our attorneys will investigate the history of the encroachment, determine the best course of action, and then swiftly move to resolve the dispute.

Talk to Our Lawyers Today

To protect your property rights from encroachment or accusations of encroachment, contact us online or call 877-291-6671 for a free initial phone consultation with one of our experienced lawyers.