Legal Question in Real Estate Law in California

Our children's toys occasionally end up over the fence and in our neighbors' yard, but they refuse to give them back. Can I enter their property simply to retrieve the item?


Asked on 9/15/09, 6:32 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

How do they end up over the fence? The kids do it, right? The neighbors are being jerks.

The toys, when tossed (or whatever) over the fence are a trespass, even though a trivial one. The neighbors should (legally) return them. Technically/legally, I don't think you are allowed to go over and retrieve them, but it's hard for me to imagine a judge or jury penalizing you if you do.

Long run, you need to negotiate some kind of detente with these neighbors, who seem to have deep-rooted problems with living next door to your kids (and you?).

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Answered on 9/16/09, 12:50 am


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