Legal Question in Real Estate Law in California

Common wall altered w/out consent

A block wall runs between my property and the neighbor's. It is 6' high from the rear of the property until reaching the front of the houses, where it drops to about 3', continuing to the sidewalk. It has a brick cap, and was fairly attractive until last week, when I came home in the evening and found that the neighbor had extended the 6' section forward some. It now joins with a hedge between our properties. The effect is that he has "walled off" our properties, so he cannot see my house, and I can't see his.

It's not that I want to see his house, and I don't care if he sees mine, but this fortress feel I don't care for. We are not close friends, but we're not feuding either (that I know of - maybe he doesn't like to see my kids playing). In any event, can he just alter this wall without my consent, or any discussion (it was a complete surprise - the workers even left blocks in my driveway)? I don't like the look now, since the seam where "old" and "new" wall join is tacky. I have to say that although it seperates our property, I don't know if it sits on his side of the line or mine. And what if he strolls over and wants me to pay half? I'm hoping for an answer before I approach him about it.


Asked on 7/17/00, 2:39 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Common wall altered w/out consent

Whether he can do it or not depends on whose property the wall is on but either way, you do not have to pay any money for the construction of the wall.

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Answered on 9/09/00, 2:15 am


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