Boundary Disputes are disagreements between neighbors over their rights and duties with respect to adjacent, or nearby, real property owners. These disagreements may take many forms. As a result, there are numerous causes of action to provide appropriate legal frameworks for resolving them. These legal frameworks include the following:
- Adverse Possession: Methods by which land, which has been in the actual possession of another for the Statutory Period, may be legally claimed and then recorded by the possessor.
- CC&Rs — Covenants [& Servitudes], Conditions & Restrictions: Methods of privately controlling or limiting the use of real property by creating publicly recorded restrictions in consideration for value (i.e. money).
- Easements: Rights to permanently use a neighbor’s land without having gained ownership.
- License: Revocable rights to the use of a neighbor’s land.
- Nuisance: Disruption of a neighbor’s rights to the peaceful enjoyment of their real property.
- Trespass: Unauthorized use of a neighbor’s real property.
- Zoning: Public restriction or mandate as to the use of land.
Each of these legal frameworks, or doctrines, has its own set of elements which must be individually proved in order to prove the overall doctrine. At this time, my practice is focused almost exclusively upon Adverse Possession and its corollary doctrines: Mutual Recognition & Acquiescence, Parole Agreement, Estoppel in Pais, Laches, and Common Grantor.
Please take a moment to review our Justice Smiles’ work methodology page to further understand how to best proceed to start resolving your boundary dispute.