Legal Question in Real Estate Law in California
Motorized Gate Bangs Fence
My neighbor installed a motorized gate that, when
closing, ''bangs'' heavily into a 4x4 wooden post that
he cemented into the ground and then attached to my
wooden fence with screws. In the closed position, the
gate pushes on my fence and forces it forward about
1/2 inch. When opening, the fence ''releases'' with a
shudder. This fence is also a supporting wall for our
back deck on which we try to relax often.
I've complained numerous times, including in writing,
since the point of impact is right behind a built-in
bench where people are often seated.
I would like him to un-screw the post and cut the post
back so that it no longer touches my fence, which is
built completely on my side of the property line,
anyway.
He refuses to receive my notice through the mail and
has refused to even listen to me.
His house is currently in escrow and a new owner
expected in the near future.
2 Answers from Attorneys
Re: Motorized Gate Bangs Fence
You probably have a cause of action against your
neighbor, meaning that you could sue and win. A Judge
would probably order that he isolate his fence post from your fence.
The cost of litigation is high, however. Maybe
a letter from a lawyer would motivate your neighbor.
Maybe your community has some sort of dispute resolution
program. Check with your local police department,
court clerk or city government. Maybe the new buyer
will be more reasonable.
Re: Motorized Gate Bangs Fence
It is too bad that your neighbor is unwilling to make a compromise.
I think that it would be best to have an attorney send him a letter, maybe that will light a fire under him.
However, if that does not work then we may need to get the court involved.
One of my family members, who I represent, is having a similar problem and the neighbor is unwilling to work it out.
Sometimes, there is a lot of tension and animosity between neigbors and the only avenue of resolution is through court intervention.
I would be happy to work with you on this matter if you would like. [email protected] or (213) 384-2220, you can ask for Katch.
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