Legal Question in Real Estate Law in California

We wish to build a six-foot privacy fence or wall on the property line between our property and our neighbor's. To do so, we will have to cut down or trim back an existing wall of ivy (growing on a chain link fence) that has separated the properties for at least 15 years. We recently had a survey done that shows the fence and the ivy root/trunk system is actually on our property by 1' on one end and up to 2.5' on the other. Our neighbors have threatened a lawsuit if we damage "their" ivy. Suggestions?


Asked on 8/16/11, 9:47 am

1 Answer from Attorneys

Have they offered any basis for such a lawsuit? Did they build the fence and/or plant the ivy? If so, they MIGHT have some sort of prescriptive easement claim. If they can't prove they or their predecessor owners built the fence, they got nothing. Have you tried informing them of the problems with ivy in terms of health and sanitation? Do they know that in the exterminator industry growths of ivy are affectionately known as "rat condos." Even a modest ivy wall can harbor dozens of rats, mice and other vermin. They should be grateful you are willing to rip it out and put up a fence at your expense.

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Answered on 8/16/11, 10:39 am


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