Don’t Fence Me In: Navigating Encroachment and View Obstruction Disputes

Mark Epstein and Albert Flor, Jr., partners in Wendel Rosen’s Real Estate Litigation Group, discussed strategies to address and hopefully avoid encroachment and view obstruction disputes. With more people working at home, awareness of encroachments and the attendant problems are at an all-time high.  Encroachment litigation can be some of the most costly and acrimonious litigation, and understanding key issues and laws can make the difference between an early resolution and a painstaking Solomonic solution crafted by a judge.

Mark and Al discussed the following issues:

  • Encroachments defined
  • Fences
  • Driveways
  • Structures (house, garage, decks, walkways, driveways, etc.)
  • Trees
  • Problems with encroaching roots and branches
  • View obstruction claims under the local view ordinances of the cities of Oakland, Berkeley and Piedmont
  • Equitable Easements
  • Prescriptive Easements
  • Adverse Possession
  • Lot line adjustments
  • Best practices for handling and resolving these types of issues between neighbors

The State Bar of California has approved this activity for Minimum Continuing Education credit in the amount of one (1.0) hour.  Wendel Rosen LLP, certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

Click here to watch Don’t Fence Me In: Navigating Encroachment and View Obstruction Disputes.