Category Archives: Lot boundary issue

Where Should I Install The Fence?

Bryant v. Blevins 9 Cal. 4th 47 Held: When neighboring landowners are uncertain as to the true location of their common boundary line, they may establish that boundary by agreement, pursuant to a legal theory commonly referred to as the “agreed boundary” doctrine. This case presents the question whether a court should apply that doctrine [...]

The Holder of an Easement Cannot Fence it Off

Silacci v. Abramson 45 Cal. App. 4th 558 Held:  A prescriptive easement cannot have the effect of completely prohibiting the true owner from using his or her own land. The plaintiff/property owners filed a complaint for declaratory relief against their neighbors, alleging that land fenced and used as a backyard by defendants actually belonged to [...]

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