If you are a homeowner, you may find yourself involved in a dispute with a neighbor over a tree, fence, structure, view, property boundary line, or other shared aspects of your property.
Trees. One of the most common disagreements between neighbors is tree disputes. When trees are planted on or near a boundary line, branches and roots can grow on the other side of the property line. Your neighbor’s property may be damaged by falling limbs or encroaching tree roots, or his or her view may be obstructed. Before planting a potentially large tree it is a good idea to check the description on your deed and easement documents, filed with the county recorder, and view any maps for your development on file with the county building department, to ensure that your tree will not grow to extend limbs and roots onto your neighbor’s property.
Fences & Structures. The same is true if you decide to add a fence to your property, or build a patio cover or other structure: you want to make sure it is completely on your property, within the legal “setback” required, in compliance with the building codes for your city or county, and in compliance with any “CC&R’s” filed with your deed (see below) so that you do not encroach on your neighbor’s land or violate local laws.
Locating Boundary Lines and Setbacks. If the deed and other legal documents that describe your property are very old, or there are conflicting maps, you can telephone a general survey company and order a boundary line survey, typically costing around $500 to $1500. Your title insurance company may also be able to provide you with boundary line information at little or no cost. For fence and structure setback (distance from the boundary line), size limits, and building permit requirements, you’ll want to check with your attorney, or, if you are doing it on your own, review the applicable building code at your local law library and check with whatever city or county building department issues permits for your neighborhood.
CC& R’s. People who own homes in neighborhoods that have homeowners’ associations must legally follow a set of rules called Covenants, Conditions, and Restrictions (CC&R’s), filed with each homeowner’s deed. CC&R’s vary between different neighborhoods, but all regulate in some way how homeowners within the community can use and improve their property. These rules often prevent homeowners from planting large trees or building additions that block another homeowner’s view. CC&R’s also require homeowners to maintain their property up to a certain standard so it does not become unsightly. Even if you are not protected by CC&R’s in your community, you may be protected by local laws and regulations that control the type of structures and location of landscaping that can be placed on property.
Problems and Disputes. If a neighbor’s fence, building, or tree is too close to the legal setback line, or crosses the boundary line and encroaches onto your property, it is important to seek legal advice as soon as possible. If you fail to take action for a significant period of time, your neighbor may gain an ownership right to the portion of the land affected by a boundary line encroachment. If you are unable to resolve your property disagreement problem through discussions with your neighbor, you can get help from an experienced San Diego real estate attorney. At San Diego Law Firm, we have attorneys with many years of experience in solving property disputes through mediation, arbitration, informal settlement discussions, and, in cases where nothing else works, court proceedings. If you need help with any property problem, please call San Diego Law Firm at (619) 794-0243 to schedule a consultation.
