Legal Question in Real Estate Law in California
Statue of Limitation Question in California
When does the clock start ticking? In the fall of 2000, a new homes developer started to excavate the entire bottom 40% of a hill (which stood some thirty to forty feet high at its highest point) to build 11 homes. My home and backyard sits on the upper 60% of the hill with my backyard fence sitting on my property but approximately eight feet inside the property line. The fence obstructed my view of what the developer was doing immediately behind my fence during the excavation. I did on one occasion personally witness the developer�s mechanical shovel coming into contact with my fence. I also observed the developer�s work crew pouring concrete behind the fence as late as November 2002.
At the end on January 2003, my fence (which was only 38 months old) broke at the base of a fence post and fell down the hill. It was at this time that I could see the extensive destruction to my property. Nearly all of the hill (some 150 cubic yard of dirt and rock) behind the fence line was gone leaving an eight feet vertical drop from the point where the fence once stood to the first point of solid and stable footing inside my property line.
The questions are when does the �Statue of Limitation� start and how long is it?
4 Answers from Attorneys
Re: Statue of Limitation Question in California
It isn't trespass; it's a particular kind of negligence defined in Civil Code section 832 establishing the duty of adjacent landowners to provide lateral and subjacent support for the land. Excavation, etc. is permitted, but it must be done in a non-negligent way, and the level of care required depends upon whether buildings are involved or merely undeveloped land. You should find an annotated copy of the Civil Code and read the section itself and the annotations.
The statute of limitations starts running when the slippage or cave-in of your land actually occurs, not when the negligent excavation is made on the neighboring property. See Platts v. Sacramento Northern Railway (1988) 205 Cal.App.3d 1025; Oakes v. McCarthy Co. (1968) 267 Cal.App.2d 231.
So, I would say the statute started to run in January, 2003, or arguably earlier if major slippage occurred earlier and you would have noticed it if you were reasonably diligent (this is a question of fact for the jury).
I believe this is a three-year limit item under Code of Civil Procedure section 338(b) injury to real property.
Re: Statue of Limitation Question in California
You may have a case and get around the statute of limitations. There may be a statute of frauds issue. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.
Re: Statue of Limitation Question in California
Tresspass, I believe it is three years from discovery. You may contact me and I'll give you my resume.
Re: Statue of Limitation Question in California
Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.
In some cases the statute of limitations is 10 years. In other cases, it could be 4, 2, or 1.
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