Legal Question in Real Estate Law in California
Neighbor damaging fence
I have a 4 ft block wall with a 3 ft wood trellis on top covered with a thick vine for privacy screening between my house and my neighbor. She has been cutting the vine down on her side and killing it in some places. There are now large holes throughout this privacy screen and she can now see into my yard. She's advised me that she hates the trellis and wants it taken down, but it's on my side of the wall and I want it for privacy. Can I prevent her from cutting the vine and causing holes on my side?
2 Answers from Attorneys
Re: Neighbor damaging fence
Who's side of the property line is the wall? You may be able to get an injunction with a tresspass suit. Contact me directly.
Re: Neighbor damaging fence
If the vines are going into her yard, she can cut them. However, she must cut them in a manner that will not kill or otherwise destroy the remaining vines (i.e. must cut in a non-negligent manner). You may want to consider having a lawyer send her an advisory letter. Let me know if you would like our help or have further questions.
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