re: CA Civil Code sect. 841

re: CA Civil Code sect. 841

What is the name of your state?CA
I'm involved in a property line dispute over a fence that we believe is on the line between our neighbor's driveway and our patio. We have a surveyor coming tomorrow to settle where the line is.

Two beautiful old grapevines planted on our side 15 years ago when we moved in have entwined in the fence in one section. Our neighbor wants to build a new fence and says he will do it within his property, but he also says he will remove the old fence and vines when he builds his new fence. He bought his property 5 years ago. We have no problem with the condition of the old fence, and we would like to save the vines. His stated plan would destroy a 25' arbor over our patio.

If the survey confirms that the fence is on the property line, do we have any legal way to save the vines and arbor?

It depends on where the roots of the arbor and vines are located.

If they are on your side of the fence, then yes, you can save them. But only up to the neighbor's property. The neighbor has the right to the quiet enjoyment of their property, which also means trimming back all obstructions (bushes, trees, etc.) that protrude onto their property.

If the roots of the tree and bush are on the neighbor's property, then say goodbye to them.