Boundary Disputes Case Study

Our client was concerned that his neighbor’s new driveway and partially buried concrete bases poured to support a new carport:

  • Encroached on his property in places by as much as 19 inches.
  • Caused water to flow onto his property, including from a drainage spout built under the driveway. Our client believed the unnatural water runoff would damage the foundation and structural integrity of his home.

We prepared a demand letter to the neighbor pointing out these concerns, insisting that the portion of the driveway that encroached on the property be removed, that the concrete bases be removed, and that the remaining driveway be rebuilt to prevent water damage to our client’s property.

We discovered that the neighbor had not obtained a permit for the driveway construction. City inspectors confirmed both of our issues of contention related to the driveway. We also obtained an expert report confirming that the driveway was improperly designed.

While the neighbor eventually removed the portion of the driveway and the concrete bases impinging on our client’s property, he did not rebuild the driveway to address the water runoff concern.

We filed a lawsuit seeking to correct these issues and for monetary damages. The neighbor countersued over several of his own boundary concerns, including how our client’s tree overhung the neighbor’s property. The judge set a trial date but sent the matter first to mediation.

The mediator found for our client, and the neighbor eventually added a 5 -inch curb along the edge of the driveway and took other steps to prevent the water damage to our client’s property.