Legal Question in Real Estate Law in California

Neighbor Dispute

My wife and I bought our first house recently.

The neighbor of this house put all of their garbage

cans on our property. They have been doing so since

they moved in about 1 and half years ago. The previous

owner of our house was an old lady, and she did not

even bother to care about this.

On the closing day, my wife moved those garbage cans

into our garage because she though those were ours.

Neighbor came out and claimed those cans, so my wife

returned those cans back to the original place.

I asked them to remove those cans from our property

later of the day.

Now our neighbor accused us took one of their cans, but

actually, we did not. Any legal action which we can take

for this nonsense accuse and have them removed cans from

our property? We have not even moved into this house yet.


Asked on 8/28/01, 9:09 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Neighbor Dispute

Yes, you can remove their garbage cans. If they continue you can sue them for specific performance and nuisance in small claims court.

Joel Selik

Attorney at Law, CA & NV

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Answered on 9/17/01, 7:59 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Neighbor Dispute

The only sensible thing you can do now is approach the neighbor diplomatically and try to get your relationship back on a friendly basis. Sure, there might be something you could sue them for right now, but why? You are going to have to live next door to these folks, and your interests are best served by carefully building a relationship of friendship and trust, even if you do have to fake a little humility in the short run. There is sometimes a high price associated with proving you're right, even when you absolutely are.

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Answered on 9/17/01, 8:04 pm


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