California Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property

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Multi-State
Control #:
US-03188BG
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Word; 
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Description

An encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. Disputes arising from a confusion of boundaries may be generally settled by an action at law. However, courts of equity will entertain a bill for the settlement of boundaries when the rights of one of the parties may be established upon equitable grounds.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
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FAQ

In the instance of a permanent encroachment, the related action would be a nuisance not a trespass and there's a strict statute of limitations to bring such a claim which in California is five years. You see this with cases of garages or buildings that encroach onto another's property.

In short, California law dictates that the 3-year statute of limitations governing a permanent encroachment begins when construction on the encroachment is completed.

In California, adverse possession occurs when a person who wants to claim someone else's land must not only use it for at least five years, but they must also pay property taxes on it. Dimmick v Dimmick 58 Cal. @d 417,421, 424 Cal.

In short, California law dictates that the 3-year statute of limitations governing a permanent encroachment begins when construction on the encroachment is completed.

If the neighbor is uncooperative, you may want to consider filing an action in court, called a quiet title action. In a quiet title action, you ask the court to determine that you have ?title? to the property affected by the encroachment.

A permanent encroachment is one that may not be readily remedied, removed, or abated at a reasonable expense. In the instance of a permanent encroachment, the related action would be a nuisance not a trespass and there's a strict statute of limitations to bring such a claim which in California is five years.

Encroachment in real estate is defined as one property owner violating their neighbor's rights by building or extending some feature and crossing onto their neighbor's property lines.

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California Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property