Legal Question in Real Estate Law in California
Pack rat nieghbor
Our nieghbor has been a pack rat for years and her back yard is full of junk and other peoples throw aways.She is known as the junk lady of Agoura Hills.I have complained to the city more than I can remember.They made her clean up the front yard but they say they can do nothing about her back yard.It really is unbelievable.Most people are shocked when they see it, even city officialsI have had rat problems because of it and I feel it could be a fire hazzard.I'm sure it has brought the property value down for my home.Does anyone have any advice for me.I keep hitting a brick wall with anything I've tried to do.The inside of her home is very bad also.Her elderly Mother was removed from her house because of the conditions.There was a block wall between our home but it came down because of various reasons then we split the cost of a chain link fence with ribbons through it ,but with all the junk she has leaning on it it became very pushed in towards my side.I took that complaint to the city and they said chain link was not legal in our city(although it's everywere)so I had a fence put in 2 feet into my property so she could not lean all the junk up against it , only now she tore down the chain link fence and is leaning junk against i
3 Answers from Attorneys
Re: Pack rat nieghbor
You might have a cause of action for trespass & nuisance and damages relating to the fence issues. It sounds like this is a long-time issue so there may be limitations issues. Sometimes just rattling the sabre will cause these people to clean up - but it may be pretty costly if there is the amount you speak of. I still maintain a fairly active practice in California and would be happy to discuss your options with you.
Best regards,
AAM
Re: Pack rat nieghbor
I suggest seeking an initial free conference with a real property attorney who does boundary line, private nuisance, trespass and/or neighbor disputes fairly regularly. Find one who practices in your area of Ventura or Los Angeles County and will come and look at the situation.
If the junk is over the property line, you have a strong case for trespass; allowing your junk to be on someone else's land is a classic example of trespass to land. Further, you would have a pretty good case for "private nuisance," a tort for which an injunction against future storage of junk might be issued.
The fact that the value and usefulness of your property is diminished is key to a nuisance action. Key to a trespass action is showing where the property line lies in relation to the neighbor's junk. You may not need a surveyor, but I would suggest a dozen or so blown-up photographs and an opinion from a local appraiser on the value issue in preparation for writing and filing your complaint.
Re: Pack rat nieghbor
If your neighbor is putting items on your property, that's trespassing. You can file a lawsuit to eject her from the property and seek payment for any damages to the fence.
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