Articles on “Boundary Line Disputes”

COURT CONFIRMS $100,000 JUDGMENT AGAINST PROPERTY OWNER WHO CUT DOWN A TREE STRADDLING THE PROPERTY LINE WITH HIS NEIGHBOR

Friday, October 12th, 2012

A property owner cut down a mature 70 feet tall Aleppo pine tree whose trunk was located partly on his property and partly on the neighbor’s property.   He cut down the tree thinking the tree was his and that it presented a safety hazard.  When sued by the neighbor, the trial court awarded double damages in excess of $100,000 and the appellate court affirmed.   Kallis v. Sones (2012) 146 Cal.Rptr.3d 419.

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IF A SURVEY CAN ACCURATELY LOCATE THE BOUNDARY LINE BETWEEN TWO PROPERTIES, THEN AN ENCROACHING FENCE CANNOT ESTABLISH A DIFFERENT BOUNDARY BY AGREEMENT

Thursday, September 27th, 2012

The California Court of Appeal recently held that a long standing encroaching fence does not establish the new property line between two parcels despite the agreement of the adjacent owners, if a survey can accurately determine the true property line.   Martin v. Van Bergen (2012) 146 Cal.Rptr.3d 667.

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