May an agency remove an encroachment on a public road to restore parking without first completing an environmental impact report (EIR)?
Anderson v. County of Santa Barbara
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Tag: encroachment
Drawing the Line and Balancing Hardships
This video covers resolving a boundary dispute and the criteria for balancing hardships.
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Statute of Limitations
The three-year statute of limitations which runs from the commencement of the encroachment when an owner seeks to terminate an encroachment or recover money losses.
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Encroachment, Trespass and Nuisance
Comparing and contrasting an encroachment, trespass, nuisance and boundary dispute.
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Encroachments: Crossing the Line
The first episode in our new video series dramatizes improvements on real estate which extend onto real estate belonging to another person without their consent.
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Word-of-the-Week: Encroachment
What is an encroachment? An encroachment is an...
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May a property owner who uses neighboring property with the consent of their neighbor retain use of the area after the neighbor’s property is sold?
Shoen v. Zacarias Facts: A property owner renovates an area outside their property line. The...
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May a property developer receive monetary compensation for land they dedicated to the government without a formal deed?
Prout v. Department of Transportation Facts: A land developer dedicates a highway-adjacent parcel...
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Can a negligently encroaching land owner seek a prescriptive easement over the neighboring property?
Hansen v Sandridge Partners, L.P. Facts: Without confirming the boundary of their property, a...
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Can a property owner in a homeowners’ association (HOA) community obtain title of association property through adverse possession without paying taxes on the disputed property?
An owner of property in a homeowner’s association (HOA) community attempts to obtain common association property through adverse possession claiming they are excused from meeting the requirement of paying taxes on the disputed property.
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City Council approves Newport Beach residential encroachments
Beachfront homeowners in Newport Beach have an encroachment problem.
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Can a property owner recover money losses from an encroachment which does not result in a loss of property value?
Money losses are sought after a neighbor’s encroachment in spite of the property’s increasing value.
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Does the hardship of removing patio furniture grant a neighbor an equitable easement over a property owner’s land?
Facts: A property owner’s neighbor places portable patio furniture on a portion of the owner’s...
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