Question #1
Question:
The branches of my neighbor's eucalyptus trees hang over my yard and drop leaves onto my
lawn. It makes a mess and he refuses to do anything about it. I'm also worried that the
trees could crash onto my property during strong Santa Ana winds. What can I do?
Answer:
As a general rule, you have the right to cut back the branches of your neighbor's trees to
the property line without filing suit or going to court. Of course, you would have to this
at your own cost.
If that doesn't solve your problem, you can go to court to seek an injunction allowing you
to trim beyond your property line or remove the trees. You might argue that the trees are
a nuisance or that they are so large and overhanging that they might fall during a
windstorm and damage your property. Either argument might convince the court to allow you
to remove or cut back the trees.
On the other hand, if a tree does fall and cause property damage, your neighbor is liable
if he failed to properly maintain the tree.
You didn't sat exactly where the trees are located. If the trees sit smack on your common
property line, they belong to the adjoining property owners and can't be cut down without
permission of both owners or a court ruling. You still have the right to cut the branches
back to the property line, but don't touch the roots or the trunk without a court ruling
on your side.
Question
#2
Question:
One day, my new next-door neighbor started tearing down the fence between our
yards. It turns out he'd done a property survey and discovered that the fence -
originally erected in 1924 - was not on the property line, which is actually two feet
farther over on my property. He plans to tear down full-grown trees and shrubbery
that make my backyard a wonderful refuge and put a new fence on the actual property
line. Is there anything I can do? I've heard that something called an agreed-upon
boundary doctrine might help me.
Answer:
Unfortunately, it does not appear that the agreed-upon boundary doctrine will come to
your rescue. This legal provision allows two parties to agree on a mutually
acceptable property line when it cannot be determined. For instance, if a lot once
had a single owner and the legal descriptions written when the property was divided
overlap, the two owners can designate an acceptable boundary. This doctrine cannot be used
when the property line can be objectively determined, as it apparently can in your
case. I suggest you consult your own attorney and consider proposing some kind of
compromise with your neighbor.
Question #3
Question:
I live in a neighborhood with very
small lots. Because I was planning on adding a deck to my home, I did a survey of my
property. I was surprised to discover that my next-door neighbor's garage juts over my
property line by a couple of feet. Should I ignore it or could I lose rights to that part
of my property if I don't take action? The neighbor and I are on fairly good terms and I
haven't said anything yet.
Answer:
It would be smart to address this
issue now, since you indeed could lose the right to that part of your property if you know
about the problem and ignore it for years. On the other hand, it doesn't sound as if you
want to make your
neighbor tear down the garage for lack of a few feet of dirt.
Since you are on good terms with your neighbor, your first step might be to try to
negotiate a mutually acceptable solution with the help of an attorney. The attorney will
take a look at the situation and recommend whether you and
your neighbor might do a lot line adjustment or a permanent easement. You would typically
seek a payment in exchange for granting an adjustment or an easement. If you approach this
with a cooperative attitude, you and your
neighbor might be able to resolve this situation with a legally binding agreement.
If you can't reach agreement, you can file a lawsuit. The courts will balance the rights
of both parties, determining the hardship of requiring the garage owner to remove it
versus the harm to you of allowing the garage to remain. The court might consider, for
instance, whether the encroachment was intentional and how much of your land is involved.
If it would cost the garage owner a disproportionate amount of money to tear it down while
it wouldn't really interfere with much of your land to let the garage remain, the court
might grant a permanent easement across your property and award you money damages to
compensate you for that loss.
Of course there's no way to predict the outcome of a lawsuit, so a negotiated settlement
that satisfies both you and your neighbor probably would be preferable. It also would
allow you to continue your neighborly relationship with no hard feelings.
Question #4
Question:
I don't get along with a next-door neighbor whose yard is a mess. I've asked him
repeatedly to clean it up, but he won't cooperate. We don't have a homeowners association
I can complain to. Can I put up a fence so I don't have to look at his yard any more?
Answer:
As a general rule, a property owner has an absolute right to put up a fence along the
property boundary or anywhere within his own property. The neighbor would have no grounds
to complain. But you do need to be aware of the rule against "spite fences."
A spite fence is defined as any structure like a fence which unnecessarily exceeds 10 feet
in height and which has been erected maliciously or for the purpose of annoying or
harassing a neighbor. The offending structure doesn't have to be an actual fence. It could
be a high hedge or it could be a low fence upon which foliage has been allowed to grow
higher than 10 feet. A spite fence would be considered a nuisance and could lead to legal
action by your neighbor.
Even a lower fence can be considered a spite fence. In one case, a property owner built a
structure with a huge dirt and concrete foundation, a wall and an ugly fence, all reaching
a height of less than 10 feet. The owner also committed other acts of harassment,
including trespassing and destroying the neighbor's flower bed, moving full garbage cans
under the neighbor's dining room window, and stringing clanging tin can lids along the
property line to keep the neighbor awake at night. The court found that the purpose of the
fence was not to screen the property but to increase the stakes in a campaign of
harassment against the neighbor.
The bottom line is that if you put up an attractive fence no more than 10 feet in height
and don't take any other actions against your neighbor, you are within your rights. In
your case, it might be an easy solution to an
annoying situation.
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