Legal Question in Real Estate Law in California
Fences and bushes growing near fence
My neighbor is suing me in small claims court because he thinks my bush (Nandina Domestica - a common bush used for hedges)is damaging his property. In partcular he thinks the roots of my small bush are damaging the fence. The fence is 6 years old (he claims) and looks fine to us. They claim its their fence (and not a common fence) and they can do whatever to it. In fact he started tearing down the fence and has created a 6 feet hole in the fence.
he also claims that the roots of my bush are destroying his roses (''shocking'' his rose plant he claims) on his side of the fence. He wants us to pay for removing the bush and also pay for half the fence cost. We see no reason to pay since the fence was fine (before he tore it apart) and the bush is a small one and hence should not be causing root damge to his property.
Please help.
thanks
--name removed--
3 Answers from Attorneys
Re: Fences and bushes growing near fence
See if your small claims court has a mediation service or referral available. This kind of case should not wind up in court. You both need someone to help you work out a compromise that you can live with.
If the fence is completely on their property, it is not a common or boundary fence and they probably can do with it as they like. But do they have a survey showing the boundary?
Even if it is their fence, it is tacky for them to tear it down and then ding you for half the cost to replace it with a boundary fence. The dispute about the bush and rose plant could probably use the advice of a horticulturist rather than a judge.
Re: Fences and bushes growing near fence
Make sure you have all the evidence (photos, deeds, etc.) when you go to small claims to explain to the judge. Remember, he has the burden of proof and must prove that you bush is causing the problem. You might want to also search the internet for characteristics of the root system etc. for your bush to show the judge. Appear at the hearing with the evidence and be respectful to the judge and all parties. Listen to the judge and speak when he asks you. If you present your case, the judge will listen and make the right ruling. Good luck. Thanks for inquiring.
Re: Fences and bushes growing near fence
The prior advice is good....I would like to add that the types of relief that a small-claims judge can order are rather limited -- primarily money damages and certainly not mandatory injunction type relief such as an order compelling you to remove your nandina.
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