Legal Question in Real Estate Law in California

Neighbors planted trees on my property

I recently purchased a home and inherited some horriffic neighbors. They have no clue what their property boundaries are and have planted six small trees and a few brick steps on my property. We pointed out the encroachment and they moved one of the six but it still sits a foot within my property. They've become verbally abusive to us and have threatened us since we also cut down a large tree with invasive roots which had made its way into our pipes and was threatening our foundation (all confirmed in our home inspection and by multiple licensed landscapers). In fact I was refused insurance by 2 companies because of this tree. They wanted to keep the tree however it was completely on our side and we even showed them the survey map to confirm before cutting it down. We've tried hard to be amicable and come up with a solution and even had the property line staked with a tape line to show the boundary. We sent a letter asking to move their things but they refused the letter. We are so annoyed by the situation we've begun the process of building a fence to not have to interact with the belligerent family. The only problem is that their trees will be within our fence. What can we do??


Asked on 10/08/04, 7:02 pm

2 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Neighbors planted trees on my property

They have no right to be on your land. You may contact me.

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Answered on 10/09/04, 3:49 am
Joel Selik www.SelikLaw.com

Re: Neighbors planted trees on my property

If they trees are on your property, they are no longer their trees, they are yours.

JOEL SELIK

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Answered on 10/09/04, 9:48 am


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