• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lien on neighbor's property?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

murphysmom

Junior Member
Santa Clara County, California.
Can I place a lien on my neighbor's property?
My neighbors installed a new fence and did an estimate $1000. damage to our property. We were not notified that they were installing a new fence, and were not asked to contribute to it's cost. They had to remove a tree which was damaging their patio and pushing against the fence. The fence would have needed repair, but not replacement after the tree removal. An entire new fence was not necessary, as the old fence was in good condition. They have refused to pay for the damage to our yard saying that we should be happy that we got a new fence. They also refused to pay saying they are out of money because they overextended themselves with their remodel. (Not my problem!)
What is the best way to cover the cost of repairing my yard?
How many estimates do I need, or can I simply go with my own landscaper?
If I can place a lien on their property, how do I go about this without a lawyer as the amount does not justify paying a lawyer?

One more fence question:
What is the maximum height allowed on a fence in a front yard? San Jose, CA (Santa Clara County)
Thank you for your time.
 


divgradcurl

Senior Member
What is the best way to cover the cost of repairing my yard?
How many estimates do I need, or can I simply go with my own landscaper?
If I can place a lien on their property, how do I go about this without a lawyer as the amount does not justify paying a lawyer?
You cannot place a lien on a property without a court order. Get the damage repaired, then take the neighbor to small claims court. Don't be surprised if they countersue for half of the cost of the new fence -- hopefully you have photos or other evidence that shows the condition of the original fence, and shows that the fence could have been repaired, not replaced -- that might help to mitigate how much you might have to pay for the fence.

One more fence question:
What is the maximum height allowed on a fence in a front yard? San Jose, CA (Santa Clara County)
Thank you for your time.
http://www.sanjoseca.gov/building/PDFHandouts/7-9Fence.pdf
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top