Legal Question in Real Estate Law in California

My new neighbor just chopped down the morning glory growing on the fence separating our back yards (California). Ever since they moved in a year ago I asked them not to chop down the morning glory, which is planted on their side, or at the very least discuss it with me before they wanted to re-landscape their back yard to discuss options or come up with a plan. The last time I mentioned this was three weeks ago. Today, they hired gardners to chop it down. My neighbor said she forgot to contact me. I wouldn't be so upset if it wasn't for the fact that a) it took me 3 years to train the morning glory cover most of the trellis from when my previous neighbor accidently cut it down, and b) I may put our house on the market this spring. The morning glory made a tremendous visual and sound difference to our backyard/garden. Now, we just have the ugly trellis to look at as well as a clear view into their backyard, and we can hear everything in their yard, as well as traffic from the neighboring street. Unfortunately, it will take years to grow something back, and I'm afraid our listing price will be significantly lower. Is there any recourse I can take? Lastly, when I visited their backyard with her this afternoon I saw the reminants of their old fence - built on their side of the dividing line fence. So, I'm not sure if I own the fence and will check city records. I have the nicer side of the fence. Will that make a difference?

Asked on 3/24/11, 1:19 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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Absent an agreement not to cut the morning-glory without your approval, which yo do not seem to have had, since the plant is on her side of the fence, she had the right to do whatever she wanted to do. After all, any part of her trees, bushes, etc., that grew over the property line onto your lot could be cut by you so why can she not cut what is on her property? The only relevance the location of the fence might have is that perhaps the plant really is on your property, but it was reasonable of her to believe it was on her property.

Answered on 3/24/11, 9:26 am

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