Legal Question in Real Estate Law in California

I have a redwood fence in my back yard that fronts a neighbor's driveway. I also have a gate to allow access from the drive into my back yard. My neighbor hired a contractor who drilled holes in the wood of the gate and inserted 2 screws or nails to prevent the gate from opening. I was not notified of this action. Can he do this legally and what recourse do I have? Does the contractor bear any responsibility for working on my fence without my consent?


Asked on 8/14/11, 8:45 am

1 Answer from Attorneys

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

Did this happen suddenly, without any prior discussion or dispute about your use of the gate? I'd say if it did, you should discuss with the neighbor to learn his motivation. If there was already some kind of discussion or dispute going on, the LawGuru lawyers would want to know more about it before offering much advice.

One analytical problem is that the fence seems to be on, or very close to, the boundary line. This raises a question as to whose fence it is, which in turn determines whether the sealing of the gate is a trespass or not. It is only a trespass if the fence is (a) on your side of the boundary, and (b) belongs entirely to you. Even if you paid for it, the fence isn't necessarily 100% yours if it is a true boundary fence.

A larger issue may be what use was being made of the gate. Sounds like maybe you were using it to get to and from your property via your neighbor's driveway. Unless you have an easement to do this, this would sound like trespassing.

So, based on the limited facts, the neightbor might have committed a trespass of a rather minor nature to your fence, to prevent you from committing repeated semi-minor trespasses to his land. However, one cannot be sure, not knowing all the facts about ownership of the fence, existence of easements, etc. etc.

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Answered on 8/14/11, 1:08 pm


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