Legal Question in Real Estate Law in California
Neighbor Kids Balls, Do I have to Give Them Back?
I have had problems with neighbor kids on each side of me as well as behind me constanly throwing their balls over my back yard fence. I have also caught them trying to climb over into my yard to retrieve them. They are breaking my plants and I am tired of it. Do I have a legal obligation to give the balls back or can I dispose of them if I wish. I have also had problems with them throwing other things as well, rotten fruit, etc. I had a dog that I had to have put down because she became very ill and developed seizures. I can't really prove that she may of eaten something they threw over but we never were able to find the cause. I have also had to put up with one neighbor that has a pool and hung dirty boxers and other items of clothing over my fence. It was disgusting and I would throw their clothes back over. They have since moved and I haven't had any problems with the new owners. On the other side I was constantly finding beer cans and empty beer quart bottles in my bushes. I once had ivy on that side because the husband was a peeping tom. The wife would go out there and tear my ivy clear off the top of my fence killing it. They have also since moved. If any of these issues were to happen again do I have any recourse?
2 Answers from Attorneys
Re: Neighbor Kids Balls, Do I have to Give Them Back?
When the ball comes over the wall, it does not change ownership; it still belongs to the neighbor kid and you have to give it back. Its coming over the wall is, however, a trespass, and perhaps also a private nuisance especially if it is a frequent occurrence, and you technically have legal remedies for either or both if you wanted to pursue it in court. Unfortunately, the economics of using the judicial system do not favor actions for matters where the monetary harm is very small.
Re: Neighbor Kids Balls, Do I have to Give Them Back?
You have several legal issues here in this set of facts.
If a ball comes over the wall, you are supposed to take reasonable care of the item, and wait for the time to return it to owner(s).
Many fences are owned by both property owners. Unless your deed clearly shows that you own the fence, you may not like it, but the neighbor may be within rights to hang dirty laundry on the fence.
Littering your property with trash and beer cans is incredibly annoying. (My wife and I have the same problem, in what is considered to be a very decent neighborhood). (I was thinking about building a moat, and getting a few alligators trained to attack litterers). Unfortunately, unless you catch someone in the act, there is little you can do.
If someone tears down your ivy, and you have witnesses, you can file a lawsuit, but your damages would probably never equal the grief that these incredibly classless human beings put you through.
I regret to tell you that the law really will not do a good job of protecting your property, in the above circustances.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
