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Boundary Line Disputes and Easements: What Property Owners in California Need to Know

  • Writer: Sara Naheedy, Esq.
    Sara Naheedy, Esq.
  • 4 days ago
  • 4 min read
White residential fence representing property boundaries, with graphic overlay titled “Boundary Line Disputes & Easements,” used for a California real estate law blog post.

Property ownership does not always end neatly at a fence line. Many disputes between neighbors arise not because of bad intentions, but because property boundaries and usage rights are misunderstood or poorly documented. Two of the most common sources of conflict are boundary line disputes and easements.


In California, boundary line disputes and easement issues are especially common due to older neighborhoods, dense development, shared driveways, and evolving land use regulations. Properties may have outdated surveys, informal access arrangements, or easements recorded decades ago that no longer reflect current use. California law recognizes several types of easements, including recorded, prescriptive, implied, and easements by necessity, each with specific legal standards. Because these disputes often involve both legal interpretation and practical realities, early clarification and mediation can be critical to avoiding prolonged conflict or costly litigation.


Understanding the difference between the two and knowing how to address issues early can save time, money, and relationships.


What Is a Boundary Line Dispute?


A boundary line dispute occurs when neighboring property owners disagree about where one property ends and the other begins. These disputes often surface when a homeowner plans to build, renovate, install a fence, or sell their property.


Common causes include:


  • Old or unclear surveys

  • Fences or walls placed inaccurately years ago

  • Structures like driveways, sheds, or landscaping crossing property lines

  • Conflicting descriptions in deeds or title documents


Boundary disputes are not always obvious. Many owners assume a fence marks the legal boundary, but that is not always the case. Without a recent survey, long-standing assumptions can turn into serious legal conflicts.


How Boundary Disputes Are Typically Resolved


Resolution often begins with information, not confrontation.


Steps may include:


  • Reviewing the property deed and title report

  • Obtaining a professional land survey

  • Comparing recorded documents with physical markers on the land

  • Discussing findings with the neighboring owner


When communication breaks down or positions harden, mediation can be an effective way to reach a practical resolution without escalating to litigation. A mediated agreement can clarify boundaries, memorialize usage, and reduce the risk of future disputes.


What Is an Easement?


An easement is a legal right that allows someone to use a portion of another person’s property for a specific purpose. Ownership does not change, but use is permitted under defined conditions.


Diagram illustrating a utility easement on residential property, showing sewer laterals, sewer main, property line, and easement area beneath private land.
Image credits: San Francisco Public Utilities Commission (SFPUC). Utility easement diagram illustrating sewer mains and easement areas on private property.


Common examples include:


  • Shared driveways

  • Utility access

  • Walkways or access paths

  • Drainage or sewer lines


Easements are often recorded in property records, but some arise through long-term use or necessity, which can surprise property owners.


Types of Easements Property Owners Encounter


Not all easements are created the same. Common categories include:


  • Recorded easements, which appear in public records

  • Easements by necessity, when access is essential to reach a property

  • Prescriptive easements, created by long-term, uninterrupted use

  • Implied easements, inferred from historical use of the land


Understanding the type of easement involved matters because each carries different legal standards and obligations.


Why Easements Often Lead to Conflict


Disputes arise when easement use exceeds its legal scope or interferes with an owner’s reasonable enjoyment of their property. Examples include:


  • Expanded use beyond what was originally granted

  • Maintenance disagreements

  • Privacy concerns

  • Changes to the property that block or alter access


These situations can feel personal, especially when neighbors have coexisted peacefully for years. Clear documentation and early legal guidance are key to preventing escalation.


Boundary Disputes vs. Easements: The Key Difference


While they are often confused, boundary disputes and easements involve different legal questions.


Illustration showing residential properties with public right-of-way and utility and drainage easements, demonstrating how easements and sidewalks interact with private property boundaries.
Image credit: City of Centennial, Colorado, Public Works Department – Easement vs. Public Right-of-Way illustration

Boundary disputes focus on ownership: where one property legally ends and another begins.

Easement disputes focus on use: who has the right to use part of the property and how.


Mixing the two can complicate matters, which is why a careful legal review is important before taking action.


How Legal Guidance Can Help


Property disputes do not have to become hostile or expensive. With the right approach, many issues can be resolved through clarification, negotiation, and mediation.


Legal guidance can help:


  • Interpret deeds, surveys, and easement language

  • Identify risks before a dispute escalates

  • Communicate positions clearly and professionally

  • Explore resolution options that protect long-term property value


Final Thoughts


Boundary line disputes and easement issues are more common than many property owners realize. Addressing them early, with accurate information and thoughtful communication, can prevent years of conflict. Property disputes do not have to become costly or combative. In many cases, mediation offers a faster, more constructive path forward.


If you are facing a boundary line dispute or easement concern, early legal guidance can help clarify your rights, reduce uncertainty, and explore resolution options before tensions escalate.


If you are unsure where your property line truly lies or how an easement affects your use of the property, it is often better to address the issue early than wait for it to become a larger conflict.


Contact me for more guidance:

2601 Main Street, Suite 1200

Irvine, CA 92614

(949) 400-4956

info@saranaheedylaw.com

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2024 by Sara Naheedy Law

Design by Brittany Murray

Photography by Paris Ghassemian

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