Few property disputes are as personal — or as contentious — as a disagreement with a neighbor over property boundaries. In Los Angeles County, where lots are often small and densely developed, boundary encroachments are surprisingly common. A fence installed a few feet over the property line, a driveway that extends onto adjacent land, or a structure built too close to the boundary can create disputes that are legally complex and emotionally charged.
Common Causes of Boundary Disputes in Los Angeles
Boundary disputes arise from a variety of circumstances. Fence lines are often the most visible source of conflict — many older fences in Los Angeles were installed without a professional survey and simply assumed to follow the property line. Over time, these informal boundaries become the subject of dispute when one owner wants to sell, refinance, or develop.
Other common causes include: encroachments by structures such as garages, additions, or retaining walls; trees and landscaping that cross property lines; shared driveway arrangements that were never properly documented; and discrepancies between recorded legal descriptions and actual physical conditions on the ground.
Step 1: Get a Professional Survey
Before taking any action in a boundary dispute, obtain a current boundary survey from a licensed California land surveyor. The survey establishes the legal boundaries based on the recorded subdivision map and monuments, giving you an objective factual baseline. Without a survey, any conversation about the boundary is speculation.
Important: Do not remove fences, fill in trenches, or take any physical action on the disputed land before consulting an attorney. Unilateral action — even on what you believe is your property — can expose you to claims for trespass, damages, and injunctive relief.
Step 2: Understand Your Legal Position
Once you have a survey, consult with an experienced real estate attorney to understand your legal position. Key questions include: Is there an active encroachment? For how long has it existed? Is adverse possession a risk? What remedies are available to you, and what are the costs and risks of pursuing them?
Devon Warner III evaluates boundary dispute matters with an eye toward practical resolution — understanding that litigation with a neighbor is costly, time-consuming, and can permanently damage the relationship. Where resolution short of litigation is possible, he pursues it. Where it is not, he is prepared to litigate effectively.
Step 3: Explore Resolution Options
Depending on the facts, boundary disputes can be resolved in several ways. A negotiated lot line adjustment allows both owners to formally record a revised boundary by agreement. An encroachment agreement documents the right of a structure or improvement to remain in place, often with an annual payment. A purchase of the disputed strip involves one owner buying the land at issue from the other. Mediation is often effective in boundary disputes where both parties want to preserve the neighborly relationship.
Step 4: Litigation When Necessary
When a dispute cannot be resolved through negotiation or mediation, real estate litigation becomes necessary. Options include a quiet title action to establish legal ownership of the disputed strip, a nuisance or trespass claim for damages arising from an encroachment, and injunctive relief to compel removal of an offending structure.
Los Angeles Superior Court hears boundary dispute cases regularly. Devon Warner III represents property owners in these matters from demand letter through trial, with a focus on achieving the most efficient resolution possible.