Legal Question in Real Estate Law in California

Property Damage/Am I stuck?

My neighbor improved her property by putting in a driveway which is partially on my property and a fence that is up to ten feet on my side of the property line. I have requested that she remove the rock and gravel, return my property to its original condition and remove the fence. The neighbor has ''given'' me the fence to remove and replace at my own expense. I did not agree to this. She refuses to remove the 6 feet wide by six feet deep of rock and gravel. The cost to remove the rock and gravel is going to be $6,000. She informed me that her attorney says ''tough luck''. I purchased the property that way and the prior owner agreed she could do it. She had lied to him about where the property line was as she did with me and since he was doing a ''flip'' house, he didn't care. Nothing is in writing. The work was being done while the home was listed for sale and during my escrow. The fence was completed after escrow and during the time I was moving in. Am I stuck?


Asked on 10/18/06, 7:42 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Property Damage/Am I stuck?

No, you certainly aren't stuck. The permission given by the prior owner appears to be a revocable license, since it was oral, and when the prior owner sold and moved out, that would amount to a revocation of the license. The fence and the rock are a trespess.

The small-claims jurisdictional limit is now $7,500. I suggest going to small claims court. Prepare well, get a record of survey (I guess you had one done?) and take pictures. Buy and read a paperback self-help law book on how to win your case in small claims.

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Answered on 10/18/06, 8:02 pm


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