Fence line and tree question

[ladman]

What is the name of your state? California

Hello and thank you for reading and assisting me on this.

Item in questions: Rear fence on my property. Neighbor behind me is 5 feet lower than my property. He had a raised portion on his property that matched mine so the fence could be placed and would be sturdy. Problem: His portion of the land has erodded away due to sprinklers, rain, and his hose pointed by his wife. He blames it on my trees which are 18" from the property line. The fence is now about to fall over into his yard as there is no support on his side for the post/concrete.


In order to replace this properly we would have to place a fence on his side with 10' post or have him rebuild the land on his side. He does not want to pay and I am not sure I can have a fence built on his line which I probably cannot. The only other option is to build a new fence
further into my property . He knows this and wants me to take out my trees as he blames the roots on the erosion of dirt plus he has a swimming pool with no cover and says the leaves of my trees are always in his pool. So, he is hoping I remove the trees which I am reluctant to do because they are nice and give privacy to the backyard. What can I legally do?
Sorry for the long post

 

[Shel77]

If anything I would think the trees roots would help keep the dirt from further erosion. If you don't want to remove your trees what about building a support on his property with the 10 ft. posts for the current fence, would that work?

 

[Warped]

Ten foot posts are not that much more expensive than eight foot posts. Hell, go with twelve foot posts, replace/repair the fence and let him cry his pool full about the leaves.

 

[ladman]

his property

Thank you for your responses. The only issue I see is he wont let me install any post on his side of the property. The fence in on the edge on mine. He will only proceed if I remove my trees and claims he will pay for half which is doubtful as the entire fence came down years ago from winds and I paid for the new post (there was land on both sides then). He claims my trees are 18" from MY fence and that it is against city ordinance and he is going to report me.
I do not believe I can force him to install post over there can I?
thank you
Lee

 

[Shel77]

I would be shocked if there is anything stating tree from fence distance, I have never heard of such a thing. Especially since it is your trees and your fence. Depending on how much of a backyard you have the only option I see if building a fence on his property, raising his property up again, or removing the trees (I would not remove the trees) is not what you want, is to bring your fence in on the other side of your trees. How much land would you loose by doing this? I don't see an issue with the neighbor using your land since it is 5 feet higher than his. I was also thinking maybe use 12 foot posts on your property for the fence and just bring in the fence a liitle bit, but 18 inches is not alot to work with.