Fence and wall location
Which side of the line a fence sits on, and who pays to move or replace it.
- Real estate mediation
- Boundary & easement disputes
Boundary, easement, and neighbor dispute mediation
Neighbors usually have to keep living next to each other after the dispute ends. That makes boundary and easement disputes a good fit for mediation. The result can be practical and lasting, such as a recorded easement, a lot line adjustment, or a shared cost for a new fence, instead of a court order that leaves both sides angry.
In hillside and older Los Angeles neighborhoods, from Encino and Sherman Oaks to the Santa Monica Mountains, walls, driveways, and landscaping often do not match the recorded lot lines. Many of these disputes start when a new survey is done before a sale or a remodel.
Neighbor disputes I mediate
Encroachments
Garages, pools, decks, and retaining walls built over the property line.
Shared driveways and access
Use, maintenance, and blocking of shared driveways and access easements.
Prescriptive easement claims
A neighbor claiming the right to keep using a path, driveway, or yard area.
Trees, views, and drainage
Overhanging trees, blocked views, and water flowing onto a lower lot.
Retaining walls and slopes
Failing walls and slope repairs on hillside lots.
California rules that shape neighbor disputes
- Boundary fences
- Under the Good Neighbor Fence Act, Civil Code § 841, adjoining owners are presumed to share the reasonable costs of a boundary fence.
- Prescriptive easements
- Open, continuous use of another owner's land for five years can create a prescriptive easement in some cases, which is why access disputes tend to grow over time.
- Quiet title
- A court case to settle ownership or easement rights is brought under Code of Civil Procedure § 760.010 and following and often requires surveys and expert testimony.
- Surveys
- A licensed land surveyor's work is usually the starting point, and many mediations follow a new survey.
This is general information, not legal advice. Each party should consult its own attorney about its rights.
What a neighbor settlement can include
- A recorded easement or boundary line agreement
- A lot line adjustment application
- Shared fence or wall costs
- A schedule to remove or relocate an encroachment
- A maintenance agreement for a shared driveway
- A payment to keep an existing encroachment in place
Questions about boundary & easement mediation
Do we need a survey before mediating?
It helps. If there is no recent survey, the parties sometimes agree in mediation to hire one surveyor and share the cost.
Can a mediated agreement be recorded?
Yes. Easement and boundary line agreements can be drafted for recording with the County Recorder so they bind future owners.
My neighbor has used my driveway for years. Do they have rights?
Possibly. Long, open use can create a prescriptive easement in some situations. Mediation lets both owners set clear, written rights rather than leave the question for a lawsuit.
What if my neighbor will not come to mediation?
Mediation is voluntary. I can contact the other owner to explain the process. Many agree once they understand it is confidential and costs less than court.