Real Estate Law
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Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
What is it that you would like to have happen here?
How long has she been encroaching?
Do you want to let her use the area so she is not legally encroaching, but you don't give up your ownership rights to the property?
I apologize for the late response, but I was out of my office all day and am just getting in...
If the neighbor has been encroaching for 7 years on your property, then I see a big problem with you being able to force her to remove her plantings from the property if she decides to fight you on it. The reason is that under the legal doctrine of "adverse possession" a person can gain legal rights to another person's property if they trespass on it for at least 5 years under CA law.
So if she has had her plantings there for over 5 years without permission, then if you filed suit to "eject" her for trespassing, then she could countersue under the adverse possession laws and claim legal use of the property that she has been trespassing on with yet another easement granted by a judge. She can't claim legal ownership of it, because that requires the payment of taxes on the disputed land, but she could claim an easement.
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...