Real Estate Litigation: Resolving Boundary and Title Issues in California

When property lines blur or ownership is unclear, real estate litigation can become inevitable. In California, boundary disputes and title issues can threaten your investment, delay development, and lead to costly legal battles. Knowing your rights—and how to protect them—is essential.

Whether you’re a homeowner, investor, developer, or business owner, resolving land-related disputes quickly and effectively is crucial. Here’s what you need to know if you’re facing boundary or title issues in California.

Understanding Boundary Disputes in California

Boundary disputes occur when two neighboring property owners disagree about the exact location of their property lines. These conflicts often arise due to:

• Inaccurate or outdated surveys
• Fences or structures built over property lines
• Use of land without permission (encroachments)
• Conflicting deeds or legal descriptions
• Misunderstandings between prior owners

California law recognizes a variety of legal doctrines to resolve boundary disputes, including adverse possession and prescriptive easements—but these are complex and fact-specific.

Common Boundary Dispute Scenarios:

1. Fence or Wall Encroachment: A neighbor builds a fence or retaining wall that crosses onto your land.
2. Driveway or Path Access: One party claims a right to use a shared driveway, while the other disagrees.
3. Property Improvements: One owner constructs a garage, deck, or addition that intrudes onto a neighbor’s property.
4. “Lot Line” Confusion: Conflicting surveys or unclear property descriptions create uncertainty about lot size or location.

Title Issues and Ownership Disputes

Title disputes involve conflicts over legal ownership or claims against property title, such as:

• Errors in public records
• Undisclosed liens or mortgages
• Boundary overlap in deeds
• Fraudulent transfers or forged documents
• Unresolved easements or rights-of-way
• Claims by missing heirs or co-owners

These issues can arise during a real estate transaction or years after you’ve acquired the property, often discovered through a title search or title insurance claim.

Legal Remedies for Boundary and Title Disputes

When informal negotiations fail, California law provides several legal avenues for resolution:

1. Quiet Title Action

A quiet title lawsuit asks the court to declare official ownership of property and “quiet” any competing claims. It’s often used in:

• Adverse possession claims
• Boundary confusion cases
• Forged or fraudulent deed disputes
• Tax sale or probate-related property issues

2. Ejectment or Trespass Claims

If someone is unlawfully occupying or building on your land, you may be entitled to court-ordered removal and monetary damages.

3. Declaratory Relief

You can petition the court to clarify rights and responsibilities related to easements, boundary lines, or co-ownership, without needing to sue for damages.

4. Reformation of Deed

If a mistake in the deed caused confusion about boundaries or ownership, the court can correct it through reformation.

Importance of Surveying and Expert Testimony

Many real estate disputes hinge on expert evidence. A licensed land surveyor can determine the true property line based on deeds, historical records, and measurements. In court, their findings may be critical in proving your claim.

Other experts may include:

• Title insurance professionals
• Appraisers (for damages)
• Construction or engineering consultants

Your attorney will coordinate these resources to build a compelling case.

Proactive Steps to Prevent Property Disputes

• Obtain title insurance for every purchase
• Conduct a professional survey before buying, building, or selling property
• Clearly mark boundaries with fences, markers, or signage
• Review deed descriptions and plat maps for inconsistencies
• Address easements and access rights in writing

If issues are discovered early, they can often be resolved without litigation.

Why Work With a Real Estate Litigation Attorney

Property disputes are legally and emotionally complex. They can delay transactions, harm property value, and lead to years of conflict if mishandled.

At Rann Law, we help California property owners resolve real estate disputes efficiently and effectively—through negotiation, mediation, or court. Whether you’re facing a boundary issue with a neighbor or need to clear your title before selling, we’re here to protect your investment and peace of mind.

Dealing with a boundary or title issue?
Contact Rann Law today for strategic legal guidance and strong representation in California real estate litigation.