Legal Question in Real Estate Law in California

Re: enchroachment

I agree with Mr. Starrett that seeking relief in Superior Court would be expensive and time consuming, and would lead to great hostility.

I would add that the ivy is probably a trespass as well as a private nuisance, by way of applicable legal theories. You can cut stems and roots at the property boundary. I would advise against using a herbicide, which would damage plants on his side too. A small-claims judge would probably award you your reasonable costs to clear the stuff out, but I would use that information as a bargaining tool rather than going to court with that in mind.

Re: enchroachment

You could file an action in superior court for abatment of nuisance and for declaratory/injunctive relief. However, I have litigated cases like this and they are expensive and can be the sources of many years of bad blood between you and your neighbor. There are some alternatives to consider:

First, approach you neighbors to see if they would remove the encroaching vegetation voluntarily. If it is not too difficult, try it removing it yourself. There are also arborists and/or landscapers that might be able to remove the vegetation and install a root and/or plant barrier.

Second, get some estimates for the removal of the vegetation and repairs for any damage to your property. It might be helpful to have the estimates available when you talk to you neighbors. There might be be a neighborhood mediation program that could help you work things out.

Call the code compliance department of your city or county to see if the vegetation violates any local ordinances.

Finally, consider filing a small claims action if the cost of removal is less than $5000. Small claims court judges have limited authority to issue a conditional judgment, giving the defendant a choice to comply with your wishes or pay you a judgment.

Re: enchroachment

You could file an action in superior court for abatment of nuisance and for declaratory/injunctive relief. However, I have litigated cases like this and they are expensive and can be the sources of many years of bad blood between you and your neighbor. There are some alternatives to consider:

First, approach you neighbors to see if they would remove the encroaching vegetation voluntarily. If it is not too difficult, try it removing it yourself. There are also arborists and/or landscapers that might be able to remove the vegetation and install a root and/or plant barrier.

Second, get some estimates for the removal of the vegetation and repairs for any damage to your property. It might be helpful to have the estimates available when you talk to you neighbors. There might be a neighborhood mediation program that could help you work things out.

Call the code compliance department of your city or county to see if the vegetation violates any local ordinances.

Finally, consider filing a small claims action if the cost of removal is less than $5000. Small claims court judges have limited authority to issue a conditional judgment, giving the defendant a choice to comply with your wishes or pay you a judgment.