Legal Question in Real Estate Law in California

1) I live downhill from my neighbor whose property has a lengthy dirt slope.

2) I have a wooden storage shed that abuts to our property lines.

3) He recently leveled an area and piled about 6 to 8 inches of dirt up against the back of my shed. This will quickly rot the wood especially when it rains and the soil turns to mud.

Question - Can he pile dirt against my shed?

Thank You


Asked on 11/04/16, 1:19 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A court would probably apply a 'balancing test' to the situation. The neighbor has at least some right to pile dirt on his own property, and you have a right to have your buildings safe from threats of decay, etc. You'd probably win a private-nuisance lawsuit unless the neighbor could show that he had no reasonable alternative.

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Answered on 11/05/16, 10:23 am


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