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Neighbor dispute/building wall on property

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jfkh715

Guest
What is the name of your state? California

About a year and a half ago a neighbor built a block & brick wall (about 3 feet high) on my property. I warned her (when she started to have the wall built) that it was on my property and that she should have the property line properly surveyed first. Upon returning from work one day, I found she had constructed about half the wall. I immediately called the City for assistance but they would not intervene. Over a period of several months she completed construction of the wall.

A few months after the wall was completed I had the property line surveyed (at my expense) and the survey indicated that the entire wall was on my property. I decided to send her a notarized, certified letter informing the neighbor that the wall was on my property and included a copy of the survey. I said that I would not ask her to remove the wall - I just wanted "peace and quiet" with her (and her daughter, who also lives with her). She and her daughter have harassed my family either by driving recklessly when we are outside, setting off their car alarms every night, using vulgar language when my wife and children are outdoors and saying nasty things about them (loudly enough so they can hear).

I don't want to have anything to do with this neighbor but feel like I need to pursue the situation with the wall as my initial letter meant nothing to them. Can I compel her to remove the wall at her expense (and to repair my lawn?). Should I just provide an easement (on the condition that she and her daughter stop their harassing behavior)? Can I do anything legally to stop them from driving recklessly and setting their car alarms off every night?

Thank you!
 


I AM ALWAYS LIABLE

Senior Member
My response:

See a Real Property attorney to commence a lawsuit for damages resulting from her "encroachment", "trespass", "nuisance", "conversion", "loss of use of property", and anything else your attorney can conjure.

IAAL
 

HomeGuru

Senior Member
jfkh715 said:
What is the name of your state? California

About a year and a half ago a neighbor built a block & brick wall (about 3 feet high) on my property. I warned her (when she started to have the wall built) that it was on my property and that she should have the property line properly surveyed first. Upon returning from work one day, I found she had constructed about half the wall. I immediately called the City for assistance but they would not intervene. Over a period of several months she completed construction of the wall.

A few months after the wall was completed I had the property line surveyed (at my expense) and the survey indicated that the entire wall was on my property. I decided to send her a notarized, certified letter informing the neighbor that the wall was on my property and included a copy of the survey. I said that I would not ask her to remove the wall - I just wanted "peace and quiet" with her (and her daughter, who also lives with her).

**A: in the alternative, you should have send a letter thanking her for building a wall for you. Since the wall is on your property, it is your wall.
The rest of your post has nothing to do with real estate law. Call the police for the harassment etc.
*********


She and her daughter have harassed my family either by driving recklessly when we are outside, setting off their car alarms every night, using vulgar language when my wife and children are outdoors and saying nasty things about them (loudly enough so they can hear).

I don't want to have anything to do with this neighbor but feel like I need to pursue the situation with the wall as my initial letter meant nothing to them. Can I compel her to remove the wall at her expense (and to repair my lawn?). Should I just provide an easement (on the condition that she and her daughter stop their harassing behavior)? Can I do anything legally to stop them from driving recklessly and setting their car alarms off every night?

Thank you!
 

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