A hedge or low wall that looks harmless from the street can derail a Palos Verdes Estates sale. If it crosses into the public right of way or Parklands, the City can require removal, permits, or fines, which can slow escrow and add costs. Whether you are listing or buying, understanding encroachments is essential to a smooth closing. This guide explains what counts as an encroachment in PVE, how to spot issues early, and the clearest paths to resolution. Let’s dive in.
What counts as an encroachment
An encroachment is any structure, plant, or object placed in the public right of way or Parklands without City approval. Common examples include hedges, fence or wall footings, mailbox bases, driveway edges, planters, irrigation lines, steps, or small garden structures. In PVE, you need a City encroachment permit before placing or maintaining anything in these public areas.
The City outlines the process and requirements on its Encroachment Permit page, and the Municipal Code confirms that work in the right of way requires a permit. See the City’s Encroachment Permit guidance and Municipal Code Chapter 12.04.
Why it can disrupt a sale
Encroachments often surface during inspections, surveys, or City review. They can delay escrow, add removal or permit costs, or reduce marketability if left unresolved. Title insurance usually excludes “survey matters” unless you secure endorsements tied to a current survey, so coverage is not automatic.
For a deeper look at how title and surveys interact, review this American Bar Association overview on title and survey issues. The City also documents enforcement tools and removal actions on its legal matters and enforcement page.
Know the PVE rules
Two layers govern exterior changes in PVE. The City regulates work in the right of way and Parklands, and the Palos Verdes Homes Association (PVHA) governs many exterior and landscape changes on private property through its Art Jury. You may need both approvals depending on your project.
Start with the City’s Encroachment Permit guidance. Then confirm private-lot design rules with the Palos Verdes Homes Association. If your plan affects trees or Parklands, review the City’s Tree Management Policy and Parklands Committee. Do not prune or remove suspected public trees without City approval. See the City’s tree trimming page for ownership and permit steps.
Spot issues early
Curb-to-lot walkthrough
Take a slow walk along the street edge, parkway, and driveway. Note hedges touching sidewalks, walls close to the curb, raised planters at the edge, mailbox columns, and irrigation heads in the parkway. If something appears beyond your lot line or in line with public trees or Parklands, flag it for follow-up.
Verify boundaries and title
If there is any doubt, order a current boundary or ALTA/NSPS survey and share it with your title officer. Ask about survey-related endorsements and how any encroachments would be listed on the title commitment. This ABA article on title and survey explains why current surveys matter.
If you find one
You have options, and timing matters.
- Ask Public Works whether a City encroachment permit or license is possible, and what conditions apply. Start with the Encroachment Permit guidance.
- If the City will not allow a permanent encroachment, plan for removal or reconstruction within your property line.
- In a transaction, negotiate credits, timing for removal, or an agreed permit path. Your title company may add exceptions if the survey shows the encroachment.
- Some issues can be addressed with recorded agreements between neighbors or a City license if allowed. The City may still require removal for Parklands or certain right of way areas.
Seller checklist
- Walk the boundaries and photograph anything near the curb, sidewalk, or Parklands.
- Pull PVHA records for prior approvals and deed restrictions. Contact the PVHA.
- If a hedge, wall, or hardscape appears in the right of way, ask Public Works how to proceed. See the City’s Encroachment Permit guidance.
- Order a current survey if lines are unclear, and send it to your title officer early.
- Disclose known encroachments and outline your plan to remove, permit, or document them. California sellers are expected to disclose known boundary concerns. For consumer context, see this overview of disclosure considerations.
Buyer checklist
- Request the seller’s survey, PVHA approvals, and any encroachment permits or notices.
- Walk the site edges and look for hedges, walls, planters, mailbox bases, and paving near the curb or sidewalk.
- If anything looks close, order a survey during your contingency period and review the title commitment with your officer.
- Ask the City and PVHA how a discovered encroachment can be permitted or resolved, and factor timing or costs into your negotiations.
Trees and Parklands
PVE contains deed-restricted Parklands and a City-managed urban forest. Ownership is not always obvious from the street. Before trimming or removing a tree near the street or in a greenbelt, confirm ownership with the Urban Forester and follow the permit process. Start with the City’s Tree Management Policy and Parklands Committee and the tree trimming page. Unauthorized work on public trees can lead to enforcement and required restoration.
Buying or selling in PVE is smoother when you tackle hedges, walls, and right of way issues upfront. If you want a plan that protects your timeline and price, let’s talk. Reach out to Jane Angel for local guidance and a calm, step-by-step path to closing.
FAQs
Are hedges in the parkway private or public?
- It depends on the lot and recorded boundary. Many parkways and street trees are City-owned. Confirm with a survey and the City’s Urban Forester, and review the City’s tree trimming page.
Can PVE require removal of older encroachments?
- Yes. The City documents enforcement and removal actions, and age alone does not legalize an encroachment. See the City’s legal matters and enforcement page.
Does title insurance cover fence or wall encroachments?
- Standard policies often exclude survey matters. Extended endorsements may help, usually with a current survey. See this overview on title coverage and surveys and the ABA summary.
What approvals might I need beyond City permits?
- Many exterior and landscape changes on private property also require PVHA Art Jury review. Check with the Palos Verdes Homes Association in addition to City Public Works.
