Legal Question in Real Estate Law in California
Neighbor Cut Trees On Our Property ...We Lost In Small CLaims...
We have a strip of property that is on the outside of or wall yet still within our property line. Neighbor hacked 15 junipers down and left stumps..Small claims judge ruled that even though it was our property, neighbor had the right to hack them down..Question is: if they are deemed neighbors bushes by the judge then dosent he have to remove all the stumps and debri he left behind? If judge says no then isint that contradictory? Can we sue again? When did the property on our land become his? Confused in California!
2 Answers from Attorneys
Re: Neighbor Cut Trees On Our Property ...We Lost In Small CLaims...
I would need to know more about the case. If the trees are on your property, it should make no difference where a wall is, and the neighbor should not be entitled to chop the trees down. I need more facts to evaluate the ruling of the small claims judge.
Re: Neighbor Cut Trees On Our Property ...We Lost In Small CLaims...
I think the decision is wrong, or possibly you presented your case badly (failed to prove ownership of the trees). Knowing more about the neighbor's successful defense would be valuable in advising your next step. Possibly you failed to prove ownership of the strip.
I believe you should retain an attorney at this point. A losing plaintiff cannot appeal a small claims decision, but you may have a claim upon which the small-claims decision is not legally conclusive, e.g. a quiet-title action to a contested strip of land (small claims would not have jurisdiction to decide a quiet title matter).
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