Legal Question in Real Estate Law in California
Neighbor Fence issue
My neighbor and I have a cinderblock wall dividing the property line in the front yard. The wall is about 3 feet high and is finished; it has fancy stone pieces on the sides and a brick layer on the top. My I paid 41% of the cost for the wall.
Since the wall is finished, and around 3 feet high, we use it as a bench to sit down on during the spring/summer/fall months. However, my neighbor is placing lattices at an angle on his side and is growing some type of vine on it. The vine is dropping small red berries of some sort. Because the lattice is at an angle and the vine is causing the top of the fence to be dirty, we cannot sit on the parts of the fence with the lattice. My neighbor is slowly adding the lattice to cover the whole wall. Once he extends the lattice to cover the whole wall we will not be able to sit on wall.
Since we paid for almost half of it and will not be able to use it for our intended purpose (as a bench), are there any laws that I can cite to persuade him not cover the whole wall, and just keep what he has. My neighbor and I are not on speaking terms since he continually rung my doorbell to complain about little things (for example, so I doubt he will be persuaded easily
2 Answers from Attorneys
Re: Neighbor Fence issue
Where I am from, fences are barriers and chairs are for sitting. If you can afford to own a house, you can afford to go to Walmart and buy a white plastic outdoor chair for $4.99.
Trust me, it will be the best money you ever spent, instead of hundreds of dollars of a frivolous lawsuit because you stain your pants with berries when you sit on fence.
Very truly yours,
Re: Neighbor Fence issue
Remember the Robert Frost poem about "good fences making good neighbors." You and your neighbor obviously have different ideas on what the fence should be. For him, it is barrier, one that he wants to heighten by adding lattice and vines. For you, it's a piece of out furniture.
From a legal standpoint, you can review Civil Code section 841 re the neighbors' mutual obligation to maintain fence in the absence of an agreement to the contrary.
Your dispute with your neighbor comes down to trespass and nuisance issues. You are generally allowed to cut back branches and vines that encroach on your property. In addition, you may also have a claim that the berries create a nuisance.
Before you hire an attorney, I encourage you to make every effort to resolve this matter informally. Mediation services may be available through your local housing or building department. Good luck.
If you would like further assistance in regards to this matter, please feel free to contact our office for a consultation.
[The statements and opinions provided above are an informational service to the general public. Since this reply is based upon an incomplete description of facts, this email should not used as a substitute for legal advice from a qualified and fully-informed attorney. Moreover, these communications are intended for use by the public. As such, this email does not constitute a confidential communication nor does it create an attorney-client relationship with Lynes & Associates or any of its members.]
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