Boundary dispute in San Mateo County, California

[cchk]

My neighbor started building a new retaining wall + fence that intrudes into my driveway. They think they build it "right on" the "property line" but I think they are wrong about the property line according to my subdivision map. I had a heated argument with the construction team and my neighbor to try to get them move back the retaining wall. They want me to get a survey or else they won't stop.

My questions are:
a) What are my options to stop their work until the boundary dispute is settled? b) Whose responsibility it is to get a survey done?
c) After the survey is done if the line is indeed on my driveway, than I'll need to alter my driveway ( which is quite expensive ). Are there other legal options?
d) I have purchased the property for 6 years and 11 months. If the line is indeed on my driveway, do they have the right to reclaim that?

Thanks

[lostboone]

Sounds like about the same situation as mine. We have the same concern that the new neighbor will ignore existing established divisional infrastructure like the chain fence and scallop borders and start digging. As we are always not around, it is worst.
And I was thinking, before they start intruding, should they not the ones who produce the survey as proof of ownership?
Will not trespassing charge helps?
I took pictures so I can show police and folks how it was originally look like.
Your neighbor is throwing the expenses to you. I am new and I wonder if anyone out there has similar issues and resolved in their favor.

[lwpat]

I would send the neighbor and the construction company a cease and desist notice that they are trespassing on your property. This should come from an attorney.

You need to check with the county/city on the ROW of the road. Anything that they do within the ROW has to be approved and they have to have an encroachment permit. Have you checked with codes enforcement to see if they received any permits?

Take plenty of pictures. A professional photographer is the best.

Check to see when your driveway was constructed and if it falls within the adverse possession time frame.

[cchk]

Is it wise to use the same surveyor or share the cost ( just survey the boundary line ) ? Does conflict of interest/bias play a role here?

I checked with the county and they say they may not need a permit if the stone retaining wall is below 3 ft. My driveway is not in ROW, I think. What are other options to stop them temporarily so that I can seek some legal advice?

I don't think my neighbor only needs a survey to reestablish a boundary line,
right? If my driveway has been there long enough to not be moved, is getting a lawyer my only option?

Thanks.

[seniorjudge]

a) What are my options to stop their work until the boundary dispute is settled?
A: Get a court order or a strongly-worded letter from a lawyer, stating that you are getting a survey.


b) Whose responsibility it is to get a survey done?
A: Yours...you are the one questioning the line.


c) After the survey is done if the line is indeed on my driveway, than I'll need to alter my driveway ( which is quite expensive ). Are there other legal options?
A: Negotiate with the neighbor.


d) I have purchased the property for 6 years and 11 months. If the line is indeed on my driveway, do they have the right to reclaim that?

A: Without knowing more facts, I couldn't say. For instance, how long has the driveway been there? Have you and your predecessors paid taxes on what boundaries you are occupying?

Adverse possession is possible in subdivisions, but they are very hard to win.