Legal Question in Civil Litigation in California

The neighbor who lives behind me has a pool. Years ago she complained about two trees which sit near the fence between our homes on my property, getting leaves, etc, in her pool. It was to expensive for me to have them trimmed so she said she knew someone who could do it. I allowed them in my yard, but this person hacked off all the branches on one side of the tree and failed to clean up my yard after doing so. Now she's calling and coming over banging on my door insisting I remove the trees. I've told her she can trim off any branches hanging over the fence, but I would not allow someone back in my yard because of the last experience, but she won't take that for an answer. I also tried to suggest she get a pool cover. Am I wrong? But now I've become afraid of her because the last two times she's come to my door she bangs, not knocks, and I'm afraid to open the door. She also does not come alone, first she had a guy with her, the second she, the same guy, and another woman came to my door. And should I call the police if she comes back?


Asked on 5/27/10, 9:27 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Having leaves blow into a pool is part of the experience of having a pool. I have clients who are losing their homes to foreclosure, all she needs to do is hire a pool cleaner and have the pool maintained. She has no right to demand that you cut down your trees. If they don't blow from your trees, they will blow from the neighbors. Your neighbor is a rotten neighbor. If she bothers you, tell her to leave, and that if she does not leave, tell her you will call the police. If she keeps being a nuisance, you can get an order prohibiting harassment, which acts like a restraining order. I would not be surprised if she does this thing to your other neighbors.

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Answered on 5/27/10, 12:55 pm


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