FDD-MBP-Miscellaneous Building Encroach Application Packet 2025

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People often confuse encroachment with easement. Both involve a property owner making extensions over their neighbors property. While encroachments are the unauthorized use of the neighbors property, easements are agreed upon by both parties.
Property owners in California may wonder if they can block an easement on their land. However, blocking an easement can be challenging, as easements are legal rights that come with specific legal protections. Generally, an owner cannot unilaterally block or obstruct an easement without facing legal consequences.
Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.
Both involve a property owner making extensions over their neighbors property. While encroachments are the unauthorized use of the neighbors property, easements are agreed upon by both parties. In many cases, the party responsible for the easement compensates the other neighbor.
Send a Cease and Desist Letter Clearly describe the encroachment and how it is affecting your property. Include specific details about the location and extent of the encroachment. Provide evidence from property deeds, surveys, plat maps, or other relevant documentation. Assert your property rights firmly.
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A. Blockage Of Easement Or Right Of Way: It shall be unlawful for any owner or occupier of real property, under, over, upon or through which the City owns as easement or right of way, to block or obstruct or knowingly permit the blockage or obstruction of said easement or right of way.

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