Just because your neighbor has a survey doesn't mean it's right. Get your own survey. Until you know for sure, you don't know what your really fighting about.
Stop Nuisances By Neighbors Fast
The Court of Appeal has upheld a trial court's power to order a neighbor to stop violating a law, a property right, or CC&Rs, while the lawsuit is still pending. The purpose of a preliminary injunction is to preserve the status quo and not allow the problem to get worse while the parties are waiting for the trial date and a judgment. What if the defendant has already unilaterally changed the prior status quo in a way that is causing harm to the plaintiff? Should the court let the defendant continue that violation and continue harming the plaintiff, for a year or more until the court conducts a trial and enters a judgment? The law is not stupid.
