Legal Question in Real Estate Law in California
are we liable for neighbors in our yard?
Our driveway runs tight against our house. the other side of the driveway abuts our neighbors drive.a small line divides the properties. The neighbors insist on puting their basketball hoop straddleing the property line and use both sides as the court. The have wrecked our down spout, garage door, vents and have broken a window. They string electric lines onto our property for lighting. We have talked to the parents. they say the kids have a right to play there.We do not mind them playing in their yard and an occational ball in our yard. but having our house used as a backdrop for their ball is very annoying.It slams into our house about 20 times a day,shaking our entire house. HOW CAN WE STOP THIS & ARE WE LIABLE IF THEY GET HURT ON OUR PROPERTY? this has gone on for years.Today we put a row of planters along the line and they are furious. We are retired and handicapped so can not afford a fence at this time.Any suggestions?
2 Answers from Attorneys
Re: are we liable for neighbors in our yard?
It appears you've tried to work this out and they're not responding. The children are trespassing and still could sue you for injuries they receive on your property. The planters sound like a good idea, but you may want to try an attorney letter followed up with a civil harassment order/injunction. The civil harassment order, which you can file yourself, does have a filing fee, but this can be waived if you meet low income guidelines.
Re: are we liable for neighbors in our yard?
Yes, you could be held liable if the kids are injured on your property, and NO, you do not have to put up with other people's children on your property--that said, how do you get these irresponsible parents to curtail their kids? It is difficult, given your description of the property, because there is little room for a fence. If you do have room, approach them about going in together--they will likely say no, but you have nothing to lose. If they are renters, approach the property owner. Can you relocate your driveway and put a fence up where your old one was? Check with city building codes relative to the situation. If all else fails, you can get a restraining order and/or an injunction to preclude their trespassing (that is what it is, by the way). Good luck!
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