Article
Wang v. Peletta (2025) 112 Cal.App.5th 478
A California appellate court ruled that homeowners who built an unpermitted retaining wall encroaching on their neighbor's property cannot claim a prescriptive easement because the structure constitutes an abatable public nuisance. The decision reinforces that courts will not allow property rights to arise from code violations and unpermitted construction, even when maintained openly for years.
Nossaman LLP
