Category: Boundary Dispute

California’s Spite Fence Laws – Trees, Hedges, and Shrubs, Oh My!

California has had a spite fence law since 1885, and until very recently, the courts did not consider whether trees could be a “fence”. 841.4.  Any Read More > ...

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Actual Property Damage Required to Obtain Attorney Fee Award in Trespass Action

The recent case of Belle Terre Ranch, Inc. v. Wilson clarified that in order to recover attorney fees in a trespass on land for “cultivation” or Read More > ...

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Irrevocable Parol License: Court Grants Rare Right to Use Neighbor’s Property

Usually when we write about neighbor disputes, we discuss boundary disputes, a misplaced fence, or property rights gained or lost through adverse possession or easements.  In Read More > ...

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Adverse Possession Blog Series

The attorneys at the Law Offices of Peter N. Brewer have many inquiries pertaining to the adverse possession problem. As we know that it is a Read More > ...

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Court Limits Poorly Drafted Easement to Historical Use

The recent case of Rye v. Tahoe Truckee Sierra Disposal Co., Inc. affirms the long-standing principle in easement law that an express easement over a general Read More > ...

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Can I Have My Neighbor’s Land?

As the economy has improved we have seen a steady increase in fence and boundary disputes.  This is an increasingly common issue because when owners remodel Read More > ...

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2014 New Laws Impacting Real Estate – Part 1

Another year, another set of new or revised laws.  There are 100s of new or revised laws this year for California, several of which impact the Read More > ...

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Boundary Law – A Simple Way to Prevent an Adverse Possession or Prescriptive Easement Claim from a Neighbor

Landowners rarely survey their property until they are about to apply for permits for a remodel.  However, surveys can often reveal a misplaced fence, or in Read More > ...

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California Court Reaffirms Line of Cases Regarding the Agreed Boundary Doctrine

Our office has seen an uptick in boundary disputes over the last several months.  These disputes commonly arise after one homeowner begins to remodel.  This is Read More > ...

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Non-Profits Need to be More Diligent to Prevent Adverse Possession Claims

In California one can obtain title to someone else’s property through a process known as “adverse possession.” The requirements for adverse possession are (1) pay the Read More > ...

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Insurance Coverage for Damage Caused by Encroachments

A very common dispute that we see on a regular basis are encroachments on neighbor’s land.  These encroachments can be anything from a driveway, a portion Read More > ...

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“Equitable Easements in California” or “It’s Ok to Drive Over Your Neighbor’s Land When You’re Landlocked”

Despite modern technology, good maps, title company preliminary reports and computerized indexes at the county recorder’s office, easement issues still arise in case law and in Read More > ...

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We’ve Seen Some Weird Stuff

Over the years, we have encountered a number of strange fact patterns which tend to stand out in our collective memory. Below is a list of Read More > ...

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