Easements and Boundary Disputes

The replacement of fences and hedges, even the gradual change in a natural feature of a property over time such as the growth of a tree, can be a cause of contention between neighbors. Real property easement and boundary disputes are not only legal and technical, they are also very personal. Although the process of resolving these disputes is the same as most others, they are typically more bitter, prolonged and expensive. If you are involved in a dispute over your property, it is important to reach an effective resolution before emotions - and litigation costs - soar out of control. The California real estate and tax lawyers at Moskowitz, LLP handle a variety of real property boundary disputes, including:

Easements

An easement is where a person or entity has the right to use someone’s land for a specific purpose, or to prevent an owner from doing something with their property. It may be anything from a public right of way to a restriction on construction that might block the view or light of a neighboring property. It is easy to see how contentious easements can be – we have assisted numerous property owners and holders of easements resolve issues such as where (and whether) an easement exists, what it can be used for, and who is responsible for its maintenance.

 

Adverse possession

Adverse possession occurs when someone claims land as their own by using instead of paying for it. These cases may involve just a few feet of property possessed as a result of a simple error of pouring a concrete driveway a few feet over a boundary line, or the intentional taking over of an entire abandoned house or undeveloped land.

 

Encroachment

Encroachment and other boundary or property line disputes usually arise when a homeowner builds on the periphery of their property. An encroachment is considered a “private nuisance” and a real estate owner whose property rights have been violated for any length of time may be entitled to compensation.

 

Covenants

A covenant is a written agreement contained in a deed and these disputes are common in subdivisions. Restrictive covenants ban residents from constructing new additions and from painting their homes in certain colors, among other things. The workings of covenants can be extremely complex; if you are planning on buying real estate, we can help you determine whether the property comes with any restrictive covenants, and we can handle the negotiation or litigation of disputes that affect the use and enjoyment of your property.

 

Defective Deeds

Our attorneys have resolved many issues surrounding defective deeds and have corrected numerous deeds which contained errors such as property lines mismarked during a survey, title documented incorrectly, and erroneous legal descriptions, to name a few.

 

San Francisco legal counsel for easement and boundary disputes

The highly experienced California real estate attorneys at Moskowitz, LLP can help you understand easement and boundary laws, learn your rights, and assist you with current disputes. Call us at (888) 829-3325 or (415) 394-7200.

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