Legal Question in Real Estate Law in California
Erosion compromising fence
California code calls for a five foot fence around the yard when you have a pool. The adjacent lot is approximately 6 to 8 feet higher in elevation than my lot. When the property was purchased a couple of years ago and the lot was cleared, it became apparent that the lot was eroding and stacking dirt against my fence. Instead of being 5 feet, it was closer to 3 feet. I cannot get the neighbor to keep the dirt away from the fence, but I am required to have a 5-foot fence. Since it is not my property on the other side of the fence, what options do I have? I am concerned that a child will crawl over the fence and/or that the ''load'' from the dirt will collapse my block wall fence(it is not a retaining wall). What can I do, short of building the fence higher and higher, to maintain a 5-foot fence? By the way, the neighbor and I have developed an extremely antagonistic relationship over this.
2 Answers from Attorneys
Re: Erosion compromising fence
At this point you have several options one of which to to call the City/County and inform them of the problem. The other option is to file a suit against your neighbor for trespass.
I would be happy to talk to you about this further. Good Luck. Hollie Lemkin
Re: Erosion compromising fence
You do have rights here. I don't see any value in going to the City or County. What is needed is a retaining wall on you neighbor's property. You may need to sue for damages and for a court order. This will not be cheap, but I assume your property is the most significant investment you have and you need to protect it.
Call if you want our assistance.
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