Legal Question in Real Estate Law in California
Who is responsible for ivy crawling over fence?
The neighbor directly behind us has ivy that crawls over the fence between our houses (single family detached) and it proceeds to grow down our side of the fence and across our backyard at an alarming rate. Is our neighbor responsible for maintaining the ivy on their side to prevent it from growing over to our side? If the neighbor doesn't maintain it, who is responsible for cutting and removing it after it goes over the fence into our yard? Please cite law or code, if any, related to this problem and where I might find them written down. Thank you for your help!
2 Answers from Attorneys
Re: ivy crawling over fence?
You may cut the ivy as it comes onto your property. If the fence
is on the property line, you may cut it so it stays on their side. This is
the general rule for trees and bushes.
Perhaps you would have further rights if the ivy could be called a nuisance, but
I think that would pushing the matter too far.
Re: Ivy crawling over fence
Mr. Somit's reply is dead on the money. I'd suggest
you discuss the issue with your neighbors, and let
them know you plan to trim the ivy on your side of
the fence. In preparation for discussions with
your neighbor, you might want to go to your local
law library and get a copy of a 1952 California
appellate case called Bonde v. Bishop, 112 Cal.App.
2d 1, 245 P.2d 617.
The foregoing information is provided as an
accommodation only, and does not constitute legal
advice or a legal opinion based on a comprehensive
review of all relevant facts, nor can provision of
such information be construed as creating an
attorney-client relationship.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
