Legal Question in Real Estate Law in California
broken fence
my neighbor has a house next to an illegal furniture factory, and he had a 6 ft. stucco wall that sparated the two. The excess sawdust became a severe problem for him. The factory owner agreed to remave and replace the 6 ft. stucco wall with a 12 ft. stucco wall. The 6ft. stucco wall was torn down and the rough frame for the 12ft. wall was erected, but never finished, and now stands rotting and termite ridden. The Furniture Factory owner closed down and fled to Mexico. What recourse does my neighbor have against the Owner of the Property that rented the building to the Furniture Factory Guy, and how does he go about pursuing and obtaining this remidy?
2 Answers from Attorneys
Re: broken fence
First, was there a written agreement between them with respect to the wall, and if so, was the landowner a party to that agreement? If there was no written agreement, and if the landowner had no notice of such an agreement, the landowner probably has no liability towards your friend with respect to the original agreement. Also, you need to know which side of the property line the original wall was on, and where the new wall is being built. My best guess is that the wall was, and is now on your friend's side of the line, in which case the land owner doesn't care about (as he perceives it) your friend's rotting wall. The property owner may, however, have some liability towards your friend for nuisance and several other causes of action. Your friend needs to consult with a local attorney to determine what, if any rights he may have.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Re: broken fence
Fences and walls in excess of ten feet in height are often classified as private nuisances under Civil Code section 841.4. Maybe your neighbor can use this law to convince the wall owner to remove it and/or replace it with a fence or wall not exceeding ten feet. Otherwise an analysis of the situation by a local lawyer familiar with local codes or at least able to look at the situation is going to be necessary. I do not know of any other generally-applicable statewide laws that would be helpful.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
