Legal Question in Real Estate Law in California
shared wall/ fence rights
We have a 5'-6' cinder block wall that surrounds our backyard, which is 100% on our property. We are currently replacing a termite-ridden patio overhang, which is partially attached to our home and partially attached to the top of the cinder block wall. Although the wall is on our property, it functions as a boundary fence with the neighbors. Do our neighbors have a right to make demands on the style and nature of the reconstructed patio overhang, which is on our property and only supported by the cinder block wall? She is an unhappy neighbor, complaining about our decor, color choices, and wind chimes, and insists that we are not allowed to have jasmine plants that may drop leaves onto her property, even if the plant is 100% on our property. There are not enough leaves to justify a ''nuisance'' (she simply hates plants). Can she make demands on the nature of the overhang (or plants) if it is supported by a shared wall, despite being 100% on our land? She hung blinds on her side of our patio overhang (over the cinder block wall), as a ''spite fence''. Is she allowed to make changes to our fence if it faces her side of the house? She also bulit an 8' fence on the side (w/o permission) that is by 3'' on our land? What to do?
1 Answer from Attorneys
Re: shared wall/ fence rights
What kind of a person hates jasmine plants? Of course she cannot make demands as such. Her wall likely violates building codes. Contact me directly if the situation becomes unmanagable.
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