Legal Question in Real Estate Law in California

Re: Property line planting

It would take a little research to develop a really sound legal position on this that could be argued in court and invoke case-law precedents, but my offhand view is that the neighbor is deliberately creating a dangerous situation for your sheep and would be liable for any losses, and perhaps for punitive damages because of the malice that could be shown.

I would remove the possibility that this is an innocent mistake by sending him information about the toxic effects of oleander on grazing animals (which I'm sure the neighbor already knows). Your county ag advisor can assist with this,

If the easement is of any long-term value to you, I would also recommend that you take steps to exercise your rights to use it from time to time, including taking steps to preserve it at its full width, or at least at sufficient width to preserve your present and prospective needs for use and maintenance. An owner may not plant large shrubs, toxic or not, so as to restrict the intended uses of an easement.

I have grapes on my property and my neighbor has sheep. She wants me to use them in the dormant season to "mow" the vineyard, but I'm afraid there is too much thistle and other junk, so I just mow and use Roundup. Sheep don't always know what's good for them.