What will happen if my neighbor takes me to court for removing her bushes that she planted in my property few years ago?

Asked in Burlingame, CA on April 15, 2026 Last answered on April 21, 2026

My neighbor planted a few bushes, landscaping grave, and a short wooden boundary in my property, and refuses to remove them after I asked her verbally a few times. So, I sent a certified letter requesting that they remove those materials from my property so I can asphalt my driveway, including the area they encroached on. I also enclosed a copy of the San Mateo County Parcel Map satellite image showing their encroachment and gave them a June 1 deadline to remove those bushes and materials. But they are refusing to do so, saying there is a wooden barrier that shows the boundary (they put it there themselves in 2021), that they do not accept what the parcel map shows, and that they want me to do a professional boundary survey.

I am 100% sure I am right, can prove it, and have pictures from before 2021 that show there was no landscaping there. I also believe the county parcel map is correct, and I do not want to pay for a professional survey or wait any longer. So my question is, can I remove those bushes and landscaping gravel after the deadline myself, and asphalt the area, and if I do, what is the worst that can happen?

1 answer

Karo Karapetyan
Answered by:

Karo Karapetyan

Van Nuys, CA
Karapetyan Law Firm, APC 818-646-4029
Free Consultation
Answer

Great question, and your instincts are largely correct — but proceed carefully.

The short answer: As the property owner, you generally have the legal right to remove encroachments from your own land. California law does not require you to obtain a court order before removing items someone else has placed on your property without your permission. After your June 1 deadline passes without compliance, you can — in principle — remove the bushes, gravel, and boundary materials yourself and proceed with your driveway project.

But here's the risk you're taking on:

1. Your neighbor could sue you — and might win on a narrow issue. Even if you're right about the boundary, your neighbor could file a small claims or civil court action claiming conversion (destruction of personal property) or trespass if any removal required stepping onto her side. The value of bushes and landscaping gravel is likely modest, but courts have awarded damages for removal of landscaping even when the removing party was ultimately correct about ownership. You could win the bigger battle and still owe something for how you handled it.

2. The survey issue is her strongest card. County parcel maps (assessor maps) are useful reference tools, but California courts have consistently held that they are not conclusive proof of a boundary line — a licensed land surveyor's survey is. If this ever reaches a judge, your neighbor will argue that you knew there was a genuine dispute, that she specifically asked for a survey, and that you acted unilaterally anyway. That narrative is not ideal, even if you're right.

3. Adverse possession is not a concern here. Since she planted these items starting in 2021, only about 4 years have passed. California requires 5 years of continuous, hostile, open, and notorious possession — plus actual payment of property taxes on the disputed area — before adverse possession could ripen (Code Civ. Proc., § 325). She hasn't met that threshold, so you don't need to worry about losing title by waiting a little longer.

Practical recommendation:

You are in a strong position. Before you proceed with self-help removal, consider spending some money on a licensed boundary survey. I know that feels frustrating when you believe you're already right, but it does two things: (1) it eliminates any realistic argument she has, and (2) if she still refuses to remove the encroachments after a formal survey confirms the boundary, a court action for quiet title, trespass, or mandatory injunction becomes very straightforward — and you may be able to recover your survey costs as part of the litigation.

Worst-case scenario if you remove now: She files a small claims or civil court action for the value of the plants and materials (likely a few hundred to a few thousand dollars), and possibly seeks a temporary restraining order to stop your paving. You'd almost certainly prevail on the underlying boundary issue, but you'd be in litigation you could have avoided — and the TRO alone could delay your project longer than the survey would have.

Bottom line: You have the right to reclaim your property. But a about $1,500-$2,000 survey now is cheaper than defending a lawsuit later — and it makes your position stronger.

April 21, 2026

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