Legal Question in Real Estate Law in California

Re: Propety Damage

If the neighbor is claiming you are responsible for the damage, you should have the right to view the conditions. If such a view is denied, you can make an argument that the neighbor spoliated the evidence, which may give you a favorable evidentiary presumption at trial. The spoliation argument may not be successful if the neighbor takes many photographs and details the damages and conditions. You may want to send a letter to the neighbor demanding an inspection and warning against getting rid of or repairing the evidence without giving you an opportunity to inspect.

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Re: Propety Damage

I would say there is no absolute right, based on the fact that if there were an active lawsuit, you would have a right to demand inspection under the discovery statutes, but that right would be somewhat qualified and subject to some safeguards for the owner of the inspected property. Since at this time there is no lawsuit, you don't have the benefit of mandatory discovery, and I know of no common-law right to enter and inspect another person's property.

On the other hand, it isn't very sensible of the other owner to forbid you to make an inspection; that kind of attitude would not build favor with a judge or jury if the matter went to trial.

Finally, I would suggest reviewing the condo rules to see if there is anything bearing on this situation, which is all too common; there may be a requirement to mediate or arbitrate disputes over damage of this kind, and inspection rights might be set forth or implied.