Nothing in this chapter affects the rules of law which determine the relief, if any, to be granted when a person constructs on his own land an improvement which encroaches on adjoining land.
§ 871.6.Relief Granted For Encroachment Not Affected
Title 10. Actions In Particular Cases · Chapter 10. Good Faith Improver of Property Owned by Another · Enacted 1968 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 871.6 confirms that nothing in this chapter changes the separate body of law governing relief when someone builds an improvement on their own land that encroaches onto a neighbor's adjoining property.
Full Text of § 871.6
Plain-English Summary
The good faith improver doctrine and the law of encroachment cover different situations, and § 871.6 makes sure the two don't get confused. This chapter deals with someone who mistakenly builds on land they don't own at all. Encroachment is different: it is what happens when a person builds on their own land, but the improvement spills over the boundary line onto a neighbor's adjoining property.
Section 871.6 leaves the encroachment rules exactly where they already stood. Nothing in this chapter changes the relief available, or the standards that apply, when a case is really about a boundary-line encroachment rather than a full mistaken-ownership improvement.
Frequently Asked Questions
Does this chapter apply to a fence or building that encroaches on a neighbor's land?
Not as such. Section 871.6 leaves encroachment law separate and unaffected by this chapter.
What's the difference between a good faith improvement and an encroachment?
A good faith improvement is built on land the improver mistakenly believes is entirely their own; an encroachment is built on the improver's own land but extends over the boundary onto someone else's.
Amendment History
Added by Stats. 1968, Ch. 150.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: encroachment vs good faith improver california