Understanding Your Rights In Easement And Boundary Disputes

Boundary disputes between neighbors can be highly stressful and can minimize your enjoyment of your home and real property. When your own attempts to resolve these property issues with your neighbor have failed, your only recourse may be to bring a legal action or defend against one. However, it is important to realize that real estate and boundary disputes are complex. They should not be addressed without the help of a qualified lawyer.

At Donald R. Holben & Associates, APC, our law firm has been representing Southern California clients in real estate litigation matters for more than two decades. We are known for practical results that help homeowners find swift resolution in a cost-effective manner.

We are ready to help you address any type of boundary dispute, including those involving:

  • Fence placement
  • Building too close to property lines
  • Overgrown landscaping
  • Damage caused by a neighbor's tree or other property
  • Unauthorized use of a neighbor's property
  • Disputes regarding the location of property lines
  • Nuisance claims
  • Deeded easements
  • Prescriptive easement rights

Types Of Easements In California

There are four types of easements in California, each governed by different laws and regulations.

  • Express (private) easements: This is when one property owner has given another permission to use his or her land. An example would be use of a private road. This type of easement must be in writing.
  • Easement by necessity: Easements by necessity occur when there is no possible alternative to using the property. This type of easement needs to be granted by a court order.
  • Prescriptive easement: This type of easement occurs when a party uses another person's land for five years or more, without consent but without objection ("open and notorious use").

Utility easements and rights for ingress and egress are highly common in California as well, and may fall within one or more of the above easement categories.

If you believe than an easement has been improperly placed on your property, you have a legal right to have your objections heard. Our law firm can help you properly assert those objections with the appropriate local and state governing entities, including initiating a lawsuit on your behalf to remove the easement or modify the terms of the easement. On the other hand, if you are the party that holds the easement, and are facing resistance from the property owner, our attorneys can represent your interests in a legal action to maintain the existence and beneficial use of the easement.

Contact Our Lawyers For A Free Consultation

Each case is different, so we encourage you to contact our law firm for a free consultation to discuss your specific matter. You may also reach us by phone by calling 619-780-2820 to reach our San Diego office or 760-501-0615 for our Palm Springs office. You may also reach us at 800-685-6950.