Legal Question in Real Estate Law in California

Our neighbor has continually added plants in the driveway between our rental houses (we both rent from different landlords). I am now unable to park in my carport. Her landlord has also cut a tree down and put all the branch back behind our rental house. What are my options to stop this craziness besides having to move. Thank you for your assistance. Make it a Great Day! Rhonda N.


Asked on 3/19/10, 6:28 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The first thing that comes to mind is that you need to discuss this problem with your own landlord. Both aspects of what's going on (carport access and piling tree debris behind your house) are at least to some degree your landlord's problems as well as your own. It sounds to me as though both problems are trespasses and both you and your landlord are adversely impacted to a sufficent extent that either of you could sue. Needless to say, the damages are going to be pretty small, so if this moves beyond the stage of threats and demands, you'd want to tailor it as a small-claims suit. Small claims is quick and cheap, but for the most part is limited to awarding money damages - and with a $7,500 ceiling - rather than giving you an injunction against repeated or ongoing trespass. However, even a token money damages award is likely to deter on-going interference with your, and your landlord's, rights.

Read more
Answered on 3/24/10, 9:31 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California