Legal Question in Real Estate Law in California

I live in a free standing townhouse that I purchased more than a year ago. In the last week, they installed a pet waste disposal unit (where owners can throw dog feces) in front on my townhome. I have contacted my builder to find out my property line and he wouldn't give me that information. I do think it is outside my property line, but very close to it. The property manager did not contact me in advance to installing the disposal unit.

I have a medical condition that compromises my immune system. I would not have chosen to purchase a property that had this pet waste disposal unit next to it. I also think it degrades the value of my home when it comes to resale. The unit has only been in place for a week, but I have noticed a dramatic increase in the number of flies near my townhome. When a pet owner stops to take a bag to pick up the feces, I also noticed that many of the dogs urinate near the unit.

My property manager would not move this unit and said I would have to air my greivances at the next HOA meeting. I want to know what my rights are. I am concerned that the flies that touch the feces can spread bacteria and disease that I would be especially susceptible to. It also can't be good for resale.


Asked on 7/19/10, 1:17 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If it turns out that the unit is on your property, and there is no easement or other covenant allowing general-use "facilities" to be installed by the HOA, it is a trespass and you can tell them it must be removed or you'll sue for trespass.

If, and you seem to think more likely, it is not on your property (or there is an easement), you still have a pretty good shot at getting a court order for its removal by suit alleging "private nuisance." (A private nuisance cause of action should also be included with the trespass cause of action if, as mentioned above, there is a trespass).

Private nuisance is the proper cause of action when a condition or activity on someone else's property adversely and unreasonably affects a property owner's enjoyment of his or her own parcel.

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Answered on 7/19/10, 4:56 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple. You must first determine whether it is on your property, or on common HOA area. You then want to speak to an attorney, depending on the resolution of whether it is on your property or not.

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Answered on 7/22/10, 11:48 am


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