Legal Question in Real Estate Law in California

Fence on property line

I have a fence on my property line. It is 100% on my property. I have a permit with the city because it is over 6 feet.

My neighbor built a new house next door and knocked the fence down with a bulldozer during construction. He always said he would fix the fence after construction but I doubted it.

Today I came home to his day laborers nailing some sort of board to his side of the fence - still on my property mind you. They said they were going to 'strengthen and stucco that side of the fence. I asked them to stop and told them to have my neighbor call me.

First, I called the city and found out that since the fence was over 6 feet I would need a permit.

Then my neighbor came over, mad that I wouldn't be thankful that he was 'improving' my flimsy 10 foot fence. Yeah, right!

he's never going to pay. What is my recourse. Small claims? What kind of proof do I need?

Pictures?

Police Report?

Planning Commission report?

Survey?


Asked on 7/15/08, 8:14 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Fence on property line

Pictures would be nice. Any evidence will help other than your own testimony, e.g. independent witnesses. You can sue for damages for trespass.

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Answered on 7/15/08, 9:44 pm


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