Trespass, Encroachments & Spite Fences: Defending Your Dirt (Part 3 of a 6-Part Series)

In Episode 3 of our 6-part Neighbor Dispute Series, attorney Michael Kushner is joined by senior associate Sam Khil to tackle one of the most aggressive categories of neighbor conflict: trespass, encroachments, grading manipulation, and spite fences. If you’ve ever discovered a fence or other structure built on your property, watched runoff destroy your landscaping, or had a neighbor claim rights to land you own—whether it’s an inch or much more than that—then this episode will give you the tools to fight back. Michael and Sam unpack how California law treats physical and structural invasions—above and below ground—and explain why old fences, plot maps, or casual agreements won’t protect your property rights. You’ll learn how to challenge illegal construction, force removal through ejectment, and shut down claims of easement or adverse possession before they become permanent.🎯What You’ll Learn in this Episode✅ What counts as civil trespass under California law.✅ The difference between trespass, encroachment, and ejectment.✅ What you can do when a neighbor’s grading causes water to flow onto your property.✅ How to deal with fences, walls, or other structures built over the property line.✅ What makes a fence a legally actionable “spite fence” under Civil Code § 841.4.✅ When and how to bring a quiet title or ejectment claim.✅ How easements and adverse possession work—and how to shut them down🌐 🔔 Subscribe for More: If you’re tired of HOA nonsense and ready for real answers, subscribe to HOA HELL and turn on notifications. 🗨️ Leave a comment—especially if you’ve got a horror story you want featured.🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Let us know that you heard about us from the podcast, HOA HELL.Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. About: Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back. #NeighborDisputes #QuietTitle #SpiteFences #HOALaw #DavisStirlingAct #Ejectment #AdversePossession #PrescriptiveEasement #LSCarlsonLaw #BadHOA 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/