Disputes between neighbors can escalate quickly, especially when local governments issue orders that require joint action. A recent California appellate case illustrates how complex and costly these situations can become – Wang et al. v. Peletta (filed June 27, 2025) .

The Dispute

In the late 1990s, a property owner built a 295-foot retaining wall, complete with electrical fixtures and a shed, assuming it was on their land. No permits were obtained, and no survey was conducted. Years later, a new neighbor discovered the wall encroached on their property and reported it to the county.

The county issued a citation and ordered the wall’s removal due to code violations. To comply, the original owner needed an after-the-fact permit—which required the neighbor’s consent. That consent was not given.

Legal Arguments Rejected

The wall’s builder argued for a prescriptive easement and an equitable easement to keep the wall in place. The court rejected both:

  • Prescriptive easement: Denied because the wall was deemed a public nuisance under local code.
  • Equitable easement: Denied due to the owner’s failure to obtain permits and the court’s skepticism of their claimed ignorance of the need for permits.

The Cost of Noncompliance

Without the neighbor’s cooperation, the only option was removal—an effort estimated to cost up to $296,000 and take nearly a year to complete.

Conclusion

Neighbor disputes involving property boundaries, permits, and government orders can be legally and financially overwhelming. At Turner Law Firm, we help clients navigate these complex situations with clarity and confidence.

Turner Law Firm prides itself on its record of providing excellent yet cost-efficient legal representation. We often succeed in triggering insurance coverage to help defray the cost of litigation and to fund the necessary repairs or construction-related solutions.

If you’re facing a similar challenge, contact us to protect your property rights and find a practical, strategic path forward.