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  1. #1
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    Apr 2017
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    Default How to Stop a Neighbor from Leaning Objects Against Your Fence

    My question involves personal property located in the State of: California

    My neighbor has leaned 2-10' lengths of heavy 2x8" boards on our brand new neighbor fence and positioned them so that they extend about 3' above the top of the fence. He is doing this purposely because he knows that they will be visible from my side of the fence and that it will annoy me. I have asked him to move them so they're not visible from my side but he hasn't done a thing. He's a hot head and has history with several neighbors and won't do a thing unless he's forced into it. Is there anything legally that I can do?

  2. #2
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    Oct 2014
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    Default Re: Inconsiderate Neighbor Intentionally Leaning Objects on Our Neighbor Fence

    Quote Quoting sunrader
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    My question involves personal property located in the State of: California

    Is there anything legally that I can do?
    Assuming those boards are placed on his property then whether there is any legal recourse here comes down to whether what he has done violates any local ordinances. If the answer is no, then there isn’t anything you can do about it. If he’s not violating the law and he’s not causing a dangerous situation then he has the right to do it, even if it annoys his neighbors.

  3. #3
    Join Date
    Nov 2013
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    672

    Default Re: Inconsiderate Neighbor Intentionally Leaning Objects on Our Neighbor Fence

    I'm not sure what a "neighbor fence" is. Is it your fence, his fence, a shared fence? Who paid for it? Whose property is it on, and if yours, by how much?

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Inconsiderate Neighbor Intentionally Leaning Objects on Our Neighbor Fence

    If this is a true neighbor fence he has as much right to use the fence as you do for what one would typically use a fence for.

    Even with that said, if what he is doing is damaging to the fence you would have recourse since damage to the fence is an injury to you which you cannot be expected to accept.

    If the placement of the boards is merely an anesthetic issue, well, get used to it because you have no right to demand he do something merely because you are bothered by it.

  5. #5
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    Mar 2013
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    Default Re: How to Stop a Neighbor from Leaning Objects Against Your Fence

    Quote Quoting sunrader
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    My question involves personal property located in the State of: California

    My neighbor has leaned 2-10' lengths of heavy 2x8" boards on our brand new neighbor fence and positioned them so that they extend about 3' above the top of the fence.
    Geometrically speaking, the 3' are protruding into the air space of your property and, similar to tree branches, you have a right to remove the offending 3' by pushing the board back on to the neighbor's property.

    But do you really want to get into a spitting contest with a hot head? You'll have to decide how far you are willing to go.

    The other side of the coin is this: as long as he knows he is pushing your buttons he will keep doing it. If you ignore it and not let it bother you, eventually he will turn his attention somewhere else.

  6. #6
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    Oct 2014
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    Default Re: How to Stop a Neighbor from Leaning Objects Against Your Fence

    Quote Quoting adjusterjack
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    Geometrically speaking, the 3' are protruding into the air space of your property and, similar to tree branches, you have a right to remove the offending 3' by pushing the board back on to the neighbor's property.
    You are assuming a fact that may not be true, Jack. The exact location of the fence and the angle at which the boards are placed relative to the fence matter.

  7. #7
    Join Date
    Oct 2006
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    16,474

    Default Re: How to Stop a Neighbor from Leaning Objects Against Your Fence

    Quote Quoting Taxing Matters
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    You are assuming a fact that may not be true, Jack. The exact location of the fence and the angle at which the boards are placed relative to the fence matter.
    While I agree with you, the odds are that if boards are leaning against a fence, sufficient to stay put, that they are at an angle and therefore protruding into the OP's airspace.

  8. #8
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    Oct 2014
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    Default Re: How to Stop a Neighbor from Leaning Objects Against Your Fence

    Quote Quoting llworking
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    While I agree with you, the odds are that if boards are leaning against a fence, sufficient to stay put, that they are at an angle and therefore protruding into the OP's airspace.
    But we have insufficient facts to know that. I have practiced long enough to know that when you assume things you can get burned. Odds are great to work with in Vegas; not so great in a courtroom.

  9. #9
    Join Date
    Jan 2006
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    38,867

    Default Re: How to Stop a Neighbor from Leaning Objects Against Your Fence

    So if the boards are leaning into op's airspace he can simple push them over, being cautious not to damage anything on neihbors side of the fence.

    I suspect op needs to find something better to do than complain about a couple boards leaning on the fence unless those boards would actually lead to damage to the fence. As another stated, it's quite possible neighbor is doing this simply to annoy the op and if so, neighbor has already won the war.

  10. #10
    Join Date
    Nov 2013
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    7,056

    Default Re: How to Stop a Neighbor from Leaning Objects Against Your Fence

    Quote Quoting sunrader
    View Post
    My question involves personal property located in the State of: California

    My neighbor has leaned 2-10' lengths of heavy 2x8" boards on our brand new neighbor fence and positioned them so that they extend about 3' above the top of the fence. He is doing this purposely because he knows that they will be visible from my side of the fence and that it will annoy me. I have asked him to move them so they're not visible from my side but he hasn't done a thing. He's a hot head and has history with several neighbors and won't do a thing unless he's forced into it. Is there anything legally that I can do?
    It would be a zoning standard issue or a possible violation of the CC&Rs if you live in a community with a HOA. So either contact the zoning officer in your jurisdiction or the HOA and ask what can be done.

    If you were to push those heavy 2X8s down and they hit someone or something, you may find yourself in a bad situation for either damaging property or causing injury. I wouldn't do it.

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