How do I initiate the process to legally resolve a property line dispute with my neighbor in California?

To legally resolve a property line dispute in California, you typically need to file a lawsuit known as an "Action to Quiet Title" to have a court determine the true boundary line. Here is the process to initiate this legal action. Step 1: Gather Your Documents Collect all relevant documents concerning your property. This includes your grant deed, title insurance policy, any existing property surveys, and photographs or records showing historical use of the disputed area. Step 2: Obtain a Professional Land Survey Hire a California-licensed land surveyor to perform a new survey of your property lines. A professional survey provides crucial evidence and an expert opinion on the boundary's location according to official records and markers. This is often the most important piece of evidence. Step 3: Send a Formal Demand Letter Before filing a lawsuit, have an attorney draft and send a demand letter to your neighbor. The letter should state your position, reference the new survey, and demand that the neighbor cease their encroachment and respect the surveyed property line. This creates a formal record of your attempt to resolve the issue amicably. Step 4: File a Lawsuit to Quiet Title If your neighbor does not comply, you must file a lawsuit in the Superior Court of the county where the property is located. Your attorney will file a "Complaint to Quiet Title" under California Code of Civil Procedure § 760.020, which asks the court to issue a judgment officially declaring the property boundaries and extinguishing any competing claims from your neighbor. You may also include a cause of action for "Declaratory Relief" under CCP § 1060. Step 5: Record a Notice of Pending Action (Lis Pendens) Immediately after filing the lawsuit, your attorney should record a "Lis Pendens" with the County Recorder's Office. This notice informs the public that the property's title is in litigation, preventing your neighbor from selling the property to an unsuspecting buyer during the dispute. Important considerations: Property line disputes can involve complex legal doctrines like "adverse possession" (CCP § 325) or "prescriptive easement." Your neighbor may claim rights to the disputed land if they have used it openly for at least five years and, in the case of adverse possession, paid property taxes on it. Note: Lawsuits are expensive, time-consuming, and can permanently damage neighborly relations. Consider mediation as an alternative to litigation. A neutral third-party mediator can help you and your neighbor reach a mutually agreeable settlement. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California real estate attorney to evaluate the specific facts of your case.