Accidentally Putting The Fence in The Wrong Property

Authored by:

Founder & CEO

Jason W. Estavillo
25+ years of practicing law. Founder of Estavillo Law Group. Juris Doctor degree from the Golden Gate University School of Law. Licensed to practice in California and Maine, and admitted in each of the United States District Courts within California and the Ninth Circuit Court of Appeals.

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At the Estavillo Law Group, we have 50 years of combined experience inReal Estate and Foreclosure law. We offer a big firm experience at a small firm price. Most large law firms have become so big it translates to an enormous overhead. At our firm, we are committed to delivering the highest quality results while keeping our client costs down.

So a lot of times, we get questions about people who own property, and over time, a neighbor has maybe started encroaching on their property.

For example, they might put in a fence that is new or it’s even been there for a long time, but they’re not sure if it’s actually on your property or their property or on the specific line that separates the two properties.

And so what we encourage our clients to do, if they think that they if they think their neighbor or neighbors is encroaching on their property, is we would get a survey done to identify and have it marked, so you know exactly where the property lines are — and if it turns out that the owner of the adjacent lot or lots is encroaching on the property, the next step would be to send a letter to most likely send a letter to the other property owners to explain the situation, to try to reach a resolution amicably.

If that’s unsuccessful, then unfortunately, a lot of times we have to initiate litigation and then dispute has to be resolved in court. But at the end of the day, if someone is encroaching on your property, it’s best to reach out to an attorney to help navigate that situation because here in California, property is very valuable and you want to make sure that you get all the property that you own.

Furthermore, if you ever sell the property, you’re going to have to disclose this, these are concerns down the road. So it’s best to address it before you even want to sell the property or do anything. And so that it can be resolved amicably and in your best favor.