Legal Question in Real Estate Law in California

After my neighbor installed paver�s in-between, the sidewalks on the side of our yards most of them are lower to my sidewalk and water from his property drains onto my sidewalk. About 3 inches of the pavers are on my property and when I saw him installing them I told him I want to install a fence and move my gate to use the side yard I have. (He only had maybe two done and no cement) My gate is near the back of the house now. He continued cementing the pavers in. Do I have any rights to remove the pavers or ask him to remove them from my property? In the space where he put the pavers, he had some scalloped edgers and the water would drain into the open area and not on to my property.

We had an argument before over the property line; he did not think the maker put in by the civil engineer was the property line. Only until he had the fence/wall replaced around his back yard the contractor told him where it was. He backed off after that.

Thank you for any information in this matter.


Asked on 4/29/12, 8:28 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If his pavers are on your property, then he has created what is known as an encroachment. You have the right to sue him to have them moved back to the property line.

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Answered on 6/07/12, 7:00 pm


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