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neigborconstantly trespassing

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What is the name of your state (only U.S. law)? CA

My neigbor on a rental property is constantly trespassing onto my property. They are rebuilding an old house by themselves for the past 2 years with the end nowhere in sight. The probem is that these are old houses from the late 1800s and they have been built right on the property line. So the neigbor's house is right between our property line (a few inches away). THere is about 6 feet between their house and ours. There is a partial fence between the backyards but the fence does not extend up right to the sidewalk. I want to erect a fence so that I can claim trespass when that occurs. My fear though is that they will just come and take down the fence the next day and continue with their endless construction. I want to set up my bases prior to getting the fence installed so I am prepared to tackle them if they took down the fence. They don't see my permission and are sprawled over, with their family members et al whenever they like. The police and the city of san jose never respond and always just dismiss the complaint calling it a civil matter. Any help on what I can do will be greatly appreciated. Thanks.
 


CdwJava

Senior Member
What is the name of your state (only U.S. law)? CA

My neigbor on a rental property is constantly trespassing onto my property. They are rebuilding an old house by themselves for the past 2 years with the end nowhere in sight. The probem is that these are old houses from the late 1800s and they have been built right on the property line. So the neigbor's house is right between our property line (a few inches away). THere is about 6 feet between their house and ours. There is a partial fence between the backyards but the fence does not extend up right to the sidewalk. I want to erect a fence so that I can claim trespass when that occurs. My fear though is that they will just come and take down the fence the next day and continue with their endless construction. I want to set up my bases prior to getting the fence installed so I am prepared to tackle them if they took down the fence. They don't see my permission and are sprawled over, with their family members et al whenever they like. The police and the city of san jose never respond and always just dismiss the complaint calling it a civil matter. Any help on what I can do will be greatly appreciated. Thanks.
If you erect a fence where you have a lawful right to do so (and unless it is a backyard, you might have to request a variance from the city) and someone tears it down, that would be vandalism.

You can always mount cameras in the area where the trespassing is alleged to have occurred.

And when you say the neighbors are trespassing, what are they doing? Are they walking on the lawn? Destroying a flower bed? What? If there are damages, sue them. If it is simply that you do not like someone occasionally stepping on the lawn, you may be forced to build that fence or shrug it off.

The San Jose PD is currently grossly understaffed (they have fewer officers today than when I worked there 24 years ago with 300,000 fewer people). I am not at all surprised that they do not wich to respond to low level misdemeanors.

You might also consider applying for a civil harassment order. You can apply for the CHO and have a judge decide if the conduct is egregious enough to have the force of law behind it. If the CHO is granted, then you might have some greater leverage.
 

CdwJava

Senior Member
Not if OP is renting.
Even if the OP was a renter, he can still complain about trespassing on property over which he has exclusive use ... that doesn't mean that any action will be taken, but he can still report it and it might be acrime (if all the elements are met).
 

CdwJava

Senior Member
But, he can't put up a fence on property he doesn't own.
True ... at least, not without permission. Since the OP refers to his property as, well, "his" property, I am assuming for now that it is his to do with as he pleases. If it is a rental property, then of course that changes.
 

ecmst12

Senior Member
That's why I asked. The OP implies that the neighbor is the renter, but why would renters spend 2 years remodeling a house they don't own? So if OP is the renter, he would have to ask the landlord to put up the fence, and it seems unlikely the landlord would be willing to take on that expense. And at the same time, I would not suggest OP spend the money to put up a fence even if he got permission, because he won't be able to take it with him when he moves and he'd basically get nothing for the investment. So, the other option would be to move to a place where the neighbors are farther away.
 

CdwJava

Senior Member
That's why I asked. The OP implies that the neighbor is the renter, but why would renters spend 2 years remodeling a house they don't own?
Because they can live there while they remodel it? I have a couple of acquaintances doing that.

Or, maybe he meant to say that the home has been purchased as a rental property and is being remodeled. It's a little unclear by his wording.

So if OP is the renter, he would have to ask the landlord to put up the fence, and it seems unlikely the landlord would be willing to take on that expense.
That might depend on the fence. I had a rental property once where the landlord had no problem with me doing improvements - including a split rail fence in front - so long as I bore all the costs.

And at the same time, I would not suggest OP spend the money to put up a fence even if he got permission, because he won't be able to take it with him when he moves and he'd basically get nothing for the investment. So, the other option would be to move to a place where the neighbors are farther away.
I get the impression (and I may be wrong) that the "trespass" activity may be little more than someone occasionally passing through a corner of the yard on their way to the construction. It may be more of a pet peeve than a real egregious act.

But, given the serious state of affairs with the SJPD I would expect them to stand aside on this issue if it is relatively small potatoes.

About the only thing that the OP could do if they wanted to take the risk is call the police and DEMAND a private person's arrest per PC 837. At that time, provided there is even remote probable cause to believe the crime occurred, the police would be lawfully required to act on that arrest by issuing a citation or booking the suspect into jail. But, if the elements of the offense cannot be met, the liability is on the OP and NOT the police.
 

xylene

Senior Member
I understood the OP, by referring to "rental property" as meaning property he owns and rents as a landlord.
 

CdwJava

Senior Member
I understood the OP, by referring to "rental property" as meaning property he owns and rents as a landlord.
I would think that would be an easy thing to deal with. But, why would the renters be rebuilding a house on the OP's property? Unless they rent one property and are building on another?

The OP needs to come back and post some clarifications here.

But, being a renter might only affect the ability to put up a fence, it would not matter for purposes of trespassing unless the OP lives in an apartment complex and is NOT the manager or owner.
 

154NH773

Senior Member
Rather than endless speculation on what the OP's condition is (and I agree it could be clarified), why not just comment on what the OP actually said.
The probem is that these are old houses from the late 1800s and they have been built right on the property line. So the neigbor's house is right between our property line (a few inches away). THere is about 6 feet between their house and ours.
It appears that the neighbor's house is right on the property line, and the OP's house is about 6 feet away. The 6 feet or so of the OP's property is being used by the neighbor to access that side of the rental house.

The OP should check law and ordinances to see if he must allow access to that side of the renter's house because of its close proximity to the property line. He should also determine if any easement has ever been granted for the neighbor's access.
 

LdiJ

Senior Member
Rather than endless speculation on what the OP's condition is (and I agree it could be clarified), why not just comment on what the OP actually said.


It appears that the neighbor's house is right on the property line, and the OP's house is about 6 feet away. The 6 feet or so of the OP's property is being used by the neighbor to access that side of the rental house.

The OP should check law and ordinances to see if he must allow access to that side of the renter's house because of its close proximity to the property line. He should also determine if any easement has ever been granted for the neighbor's access.
It would actually be a bit unusual if there was not an easement.
 

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