Lawyers and Lot Lines

3 Pages Posted: 20 Mar 2011

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

Date Written: May 1, 2004


This article discusses doctrines dealing with encroachments. An encroachment may be protected by showing that it is permanent and has existed for more than three years; however, there are cases to the contrary. Adverse possession or prescriptive easement theories can also be used if the property was possessed for at least five years and other standards are met. Additionally, agreed boundaries and good faith improvements doctrines may apply.

Keywords: CCP 338, ejectment, adverse possession, CCP 3318, CCP, 323, CCP 325, prescriptive easement, agreed boundary, good faith improvement, survey, land survey, lot survey

JEL Classification: K11

Suggested Citation

Bernhardt, Roger, Lawyers and Lot Lines (May 1, 2004). Available at SSRN: or

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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