Legal Question in Civil Rights Law in California

my rear neighbor's property is 2.5 ft higher than mine in grading. The 6 feet of land to their rear adjacent to my property was a trench for drainage and they recently filled the trench with soil and leveled it. When I purchased my property 7 years ago, I could not my neighbors head unless they were on ladder. Now, I see them chest high and they recently erected a jungle gym thats 6 feet above my fence. The jungle gym is situated directly in front of my dining room and its such a nuisance. My dining room window is 19 feet to my back fence. Do I have a legal right to ask my neighbor to move or remove the jungle gym that causes nuisance to me and my family.


Asked on 1/02/11, 7:33 am

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

Very unlikely. Your neighbor has a right to use their property until it causes you an "unreasonable loss of your ability to enjoy your own property". I took a client's case to trial just like your case, and we lost and the defense is coming after my client for $60,000 in costs.

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Answered on 1/07/11, 8:20 am


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