What Is a Boundary Dispute?
A boundary dispute arises when neighboring property owners disagree about the location of the legal line separating their properties, or when one owner's structure, fence, landscaping, or use of land extends onto a neighbor's lot. These disputes can be resolved through negotiation, a boundary line agreement, or, when necessary, a quiet title or trespass action in California Superior Court.
RV Litigation Group PC represents clients in San Jose, San Francisco, Palo Alto, Oakland, and throughout Santa Clara County and San Francisco County.
What the Law Says
Adverse Possession
"For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied..." — California Code of Civil Procedure Section 325
A neighbor who has openly, continuously, and exclusively used a strip of your land for at least five years — under a claim of right and while paying property taxes on the disputed area — may be able to claim legal title to it through adverse possession. The tax-payment requirement is often the decisive factor, since most encroachment claims fail this element.
Prescriptive Easement vs. Adverse Possession
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Where adverse possession requires payment of property taxes and results in full ownership, a prescriptive easement requires only open, continuous, and hostile use for five years and results in a right to use the land — not ownership of it. Which theory applies often determines the outcome of a boundary encroachment dispute.
Real-World Examples
A homeowner discovers, after a new survey, that her fence and a portion of her landscaping sit three feet onto her neighbor's parcel and have for over a decade. The neighbor demands removal. Counsel evaluates whether the elements of adverse possession or a boundary line agreement by acquiescence can resolve the dispute in the client's favor.
Two neighbors in San Jose obtain conflicting surveys of their shared boundary, each showing a different line. Counsel retains a licensed surveyor to resolve the discrepancy and, when negotiation fails, files a quiet title action to establish the legally correct boundary.
An Oakland homeowner begins constructing an addition that a neighbor believes crosses the property line. Counsel seeks emergency relief to halt construction while the boundary question is resolved, avoiding a situation where the structure is completed before the dispute is decided.
What's at Stake
| Issue | Governing Law | Practical Impact |
|---|---|---|
| Adverse Possession | CCP 325 | 5 years open, hostile use + tax payment required for ownership claim |
| Prescriptive Easement | Civil Code 1007-1008 | 5 years open, hostile use grants a right of use, not ownership |
| Quiet Title Action | CCP 760.010 et seq. | Court establishes legal ownership and clears title disputes |
How We Help
1. Survey and Title Review
We work with licensed surveyors and review chain-of-title records to establish the legally correct boundary line before any dispute escalates.
2. Boundary Line Agreements
Where appropriate, we negotiate and draft recordable boundary line agreements that resolve the dispute permanently without litigation.
3. Quiet Title Actions
When negotiation fails, we file quiet title actions to obtain a binding court determination of the legal boundary.
4. Injunctive Relief
When an encroachment is actively occurring — such as ongoing construction — we seek injunctive relief to halt the encroachment while the dispute is resolved.
Frequently Asked Questions
In California, a person must openly, continuously, and exclusively possess the disputed area for five years, under a claim of right, and must have paid the property taxes assessed against that portion of land during that period. Without proof of tax payment, an adverse possession claim generally fails.
Adverse possession can result in the claimant obtaining full ownership of the disputed land, and requires proof of tax payment. A prescriptive easement grants only a right to use the land for a specific purpose — such as a shared driveway — and does not require tax payment. The facts of the use often determine which claim applies.
No. Removing or altering a fence unilaterally, even one you believe encroaches on your land, can expose you to liability for trespass to property. The proper approach is to obtain a survey, attempt to resolve the dispute through negotiation or a boundary line agreement, and pursue a quiet title action if necessary.
In most cases, yes. A licensed surveyor's determination of the legal boundary, based on recorded deeds and monuments, is typically the starting point for resolving any boundary dispute, whether through negotiation or litigation.
