Legal Question in Real Estate Law in California
the neighbors ivy has grown over their fence and across the boundry line and over my fence-hanging over into my yard. i have asked them to maintain it, but they ignore the problem. there are rats - mice- bugs- and etc in the ivy. it is causing me problems because i am low income and can't afford to pay a person to take care of the neighbors ivy. i would like to know the laws governing this problem in oceanside, ca 92054.
2 Answers from Attorneys
If you are finding those rodents in that ivy, you can try and contact the City to have them come out and inspect. Indicate, that you are wanting them to indicate to the neighbor that they must maintain and keep the ivy on their side of the fence. The City may or may not cooperate. Absent that, you will have to cut the ivy that is coming over to your side of the fence, and then you will have to continually cut the ivy that comes over as it grows.
BARRY BESSER
www.besserlaw.com
Besser is quite wrong. The city will not tell the neighbor to keep the ivy on their side of the fence, because the neighbor has no legal obligation to do so. You have the right to cut the ivy back to the property line, but it is on you to do it, not the neighbor. Where the city MAY help is if you can prove it is harboring rodents on the neighbor's side of the fence, the city MAY order them to thin it out enough that the rodents leave. That will solve the rodent problem, but not the problem of the ivy growing over to your side. That will always be your problem to deal with.
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