Adjoining Landowner Disputes Attorney – Edwin Fahlen

Adjoining landowner disputes care common! If your next-door, backyard, or adjoining neighbor is encroaching your property with buildings, fences, trees, water drainage, is trespassing on your property, is making noise, or doing illegal activities that are bringing down your property value you need experienced legal advice and counsel.

Adjacent landowners who have property lines to adjoining landowners are expected to use their property reasonably and without unnecessarily interfering with the rights of the owners of connecting land. Anything that a person does that deprives an adjoining owner of the reasonable enjoyment of his or her property is an unlawful use of one’s property.

Adjoining Landowner Disputes arise more frequently BECAUSE Adjoining Landowners have Special Rights, Duties and Liabilities to one another simply because they share a common Boundary.

Rights Duties and Liabilities of Adjacent Landowners

Sharing a property line can result in stressful and contentious relationships between adjoining landowners. Disputes over matters such as noise, fences, retaining walls, trees, and drainage can become contentious and disruptive to home life or business endeavors. At the Law Offices of Edwin Fahlen, we attempt to find quick, practical, and cost-effective solutions for our clients.

Practical Solutions for Adjoining Properties

Edwin Fahlen, the founder of The Law Office of Edwin Fahlen, has helped to informally resolve disputes between adjoining property owners for more than 30-years. If informal negotiation is rebuffed, Edwin can use the laws to help you enforce your property rights. Attorney Edwin Fahlen is also a licensed California Real Estate Broker.


An encroachment is an intrusion upon the property – of another without that person’s permission. No person is legally entitled to construct buildings or other structures so that any part, regardless of size, extends beyond that person’s property line and intrudes upon adjoining lands.

An encroaching owner can be required to remove the offending structure or building of an adjoining property. The person or entity whose property has been encroached upon may sue the encroacher under either the theory of nuisance or the theory of Trespass to obtain monetary damages, or instead, may seek an injunction against continuation of the encroachment or to force its removal.

Easements – Disputes Involving Real Estate Easements

Real estate easements are common disputes between adjoining landowners. Our experience and knowledge of real estate law allows us to conduct a detailed easement analysis when an issue arises between adjoining property owners. Our goal is to provide our clients an early and satisfactory resolution of all real estate disputes.

Prescriptive Easements & Adverse Possession Disputes

Often, landowners unwittingly allow a small portion of their land be used by a neighbor without complaint. When that supposed “use” of that property is discovered, a dispute ensues. Cases involving easement by prescription and adverse possession require the services of an experienced real estate lawyer. We can help negotiate, mediate, or, if necessary, litigate the resolution of these types of real estate disputes.

Drainage Disputes between Adjoining Property Owners

Sooner or later, most real estate attorneys are asked: “Can my neighbor drain their water onto my property?” Issues involving water drainage frequently arise in Orange County and Southern California property owners who live in hillside homes or below hillside properties or adjoining elevated properties. Natural water flow (local creeks & brooks) and/or storm water drainage problems can range from minor aggravations due to wet soil to major headaches such as home flooding, mud flows, foundation damage from hydraulic pressure and the undermining of foundations.
For more information, please visit our Drainage Dispute Section

Free Introductory Meeting

Orange County Real Estate Lawyer | Image of attorney Edwin FahlenAdjoining Landowner Disputes are common. Call adjoining property disputes attorney Edwin Fahlen (714) 395-5605 of a free phone consultation if your next-door or backyard neighbor is encroaching with buildings, fences, trees; is trespassing, making noise, doing illegal activities or infringing on your property rights. If you are unable to call me, contact me with my Schedule a FREE Consultation form below.

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