OT- property boundary issue

[Former SD resident]

I’m going to try to sum this up as best I can. we bought our home last year in March in Orange County. previous owners were original from the 50s. one side of property didn’t really have a good fence, figured we could resolve after closing (first mistake). didn’t really have issue with neighbors for a few months, just minor annoyances. they put sprinklers well into our property ( were there for a while before we bought home) that sprayed hubby’s car , cut off every rose of rose bushed that lined our property while they have several in front of there house.

we decided that we needed a property survey for our records because hubby wanted to ask them to move sprinklers. we come to find out that they encroached about 5 ft into our property along one side. we asked them to remove sprinklers and if we could have access to their property so we could have a licensed tree trimmer come to trim back branches of their tree that we’re hanging over our power line. within a week they ripped out rose bushes, cement border, killed all grass on our side and there so they could replant, completely cut down tree on side of house and trimmed back the tree branch that we had said we could have taken care of. this was all way over kill as we just asked to remove sprinklers from our property and if we could have someone trim branches!

then a month later they started shinning bright lights onto the side of our house so we had to put up black out shades at night! now the latest and last straw was we came home from a long Easter weekend out of town to find our huge plumeria tree pretty much cut in half! they hacked off the side of the tree on our property. and planted trimming in their front yard!

these owners have lived in their house for almost 30 years and were probably taking advantage of previously elderly neighbors. we are positive the tree was at least partially in our yard at least 50-75% in our yard based on trunk ( it was huge) not sure if 100% in our yard! but does that give them the right to cut the entire side of tree from our yard? we are at the point of getting some type of certification on what trees our our, cutting down everything and putting up a wall. never thought it would come to this as neighbors initially seems nice but now find out they are passive aggressive. everytime they’ve done something it’s been when we’ve been out of town.

I’m sure they are other who have dealt with such nonsense. how did you resolve issues? it’s crazy that these people seem mad at us for us wanting to use our property after they tried to steal it from little old lady who lived here before.

[UCGal]

Now that you’ve had it surveyed… Invest in a good fence and that should limit their incursions into your yard.

Have the fence a few inches on YOUR side of the property line to prevent disputes. Things are already contentious with these neighbors – don’t give them an excuse to damage/pull out the fence.

They’re being jerks – but a fence will keep their jerkiness limited to THEIR side of the fence.

[livinincali]

Property line disputes can be the worst. I remember the was some psycho lady in the neighborhood where I was growing up and she had this property line grudge against one of the neighbors and made their life hell. At some point they just gave up and let her have the 5 extra feet she was claiming. It wasn’t worth the property damage and police visits.

Invest in a home security system with cameras installed facing this property line and try to work out some kind of deal with these neighbors. Of course with what they’ve done so far it doesn’t look good for you.

[Former SD resident]

We reviewed survey and looks like that plumeria is 100% ours! but now an eye sore to us. I hate to do it but we are going to clear everything that’s left on that side of yard and put in a good fence. We are also going to be sending them a demand letter to stay off our property or we will sue. We have taken pictures of everything they’ve done. Fingers crossed that will keep them in their own yard.

[livinincali]

[quote=Former SD resident]We are also going to be sending them a demand letter to stay off our property or we will sue.[/quote]

Can’t sue them for trespassing. You can call the cops and have them arrested for trespassing. Only thing you could sue for is property damage that they commit against your property. You’d also need fairly substantial evidence to win. I.e. you’d probably need video evidence of them committing the act or a third party witness.

[zak]

Careful with being sue happy. It sounds like you raised a property line issue, and these people are responding by trying to clear your side of their stuff. It sounds like you are overreacting to the change this is incurring (what trees are cut, etc).

Chill out, put up the fence, keep your blinds drawn and wait a few months without interacting with them. Focus on watching a good TV show. Then go into your backyard and start replanting in a way you like. Life is too short to squabble over some bushes. Once the good fence is up, the neighbors won’t really be able to come onto your side. Good fences make good neighbors and all that.

[Former SD resident]

Believe me suing them is the last thing we want to do we just want to be able to use our property and for them to stay off ours. We probably would have left the whole issue alone if from the beginning they would have been reasonable and moved the sprinklers so they didn’t spray our car and not stripped flower bushes, I’m fine with sharing but they obviously didn’t want to. They have been very malicious in their actions. The plumeria was a beautiful tree that they made an eye sore for us and it was our tree! We have planted 3 different plants on that side and they’ve all mysteriously died. They have an outdoor gardening station that they set up with a drain pipe to dump into our yard. Ripped out a nice cement border, etc…. I realize all of these things on there own are trivial but we are sick of it!

[Former SD resident]

We didn’t ask for any of this. I don’t think it unresonable to ask neighbors to move sprinklers that they put in our yard that were spraying our car! We should be able to park cars in drive way without getting soaked. The only other thing we asked for was access to their yard so we could hiring licensed tree trimmer to cut huge tree limbs that were hanging over power lines. Probably cost them a few hundred to trim, we offered to pay it but they have been unwilling to talk since first conversation and then when we go out of town they do something to side yard.

[CDMA ENG]

[quote=Former SD resident]We reviewed survey and looks like that plumeria is 100% ours! but now an eye sore to us. I hate to do it but we are going to clear everything that’s left on that side of yard and put in a good fence. We are also going to be sending them a demand letter to stay off our property or we will sue. We have taken pictures of everything they’ve done. Fingers crossed that will keep them in their own yard.[/quote]

Interesting legal aspect to this…

Very much the type of thing I think you would see in law school.

They may have planted the plumeria thinking it was on their property.

So if they bought it (which I am not sure you know if they did)… Who really owns it and they may have cut it down thinking it was a liability.

Interesting debate.

CE

[no_such_reality]

If they planted it, then adverse possession applies.

[Former SD resident]

According to attorney, adverse possession is very difficult to support in California. And given the burden of proof surrounding the true ownership of tree. It’s possible but not probable. Who’s to say previous owners of our home didn’t plant it? Also if they really thought this was a liability wouldn’t they have taken care of it right away? It’s been about 7 months since this started and almost every time we leave they do something else to our side property.

[zak]

It sounds like you already have your mind made up. It also sounds like you are pretty sensitive. If you can’t remember that shit happens and you deal with it, then you probably won’t ever be able to get along with your neighbors.

Again, put up the fence and let bygones be bygones. Install a drain where their off flow is irritating you. My wife has a great saying, “Don’t engage the crazy”. I simply remind you to not become the crazy people avoid engaging with.

[CDMA ENG]

[quote=Former SD resident]According to attorney, adverse possession is very difficult to support in California. And given the burden of proof surrounding the true ownership of tree. It’s possible but not probable. Who’s to say previous owners of our home didn’t plant it? Also if they really thought this was a liability wouldn’t they have taken care of it right away? It’s been about 7 months since this started and almost every time we leave they do something else to our side property.[/quote]

I think UCGal has shown her usual wisdom with the suggestion that you put in a fence. That’s pretty much draws the line in the “metaphoric” sand.

CE

[livinincali]

[quote=zak]Again, put up the fence and let bygones be bygones. Install a drain where their off flow is irritating you. My wife has a great saying, “Don’t engage the crazy”. I simply remind you to not become the crazy people avoid engaging with.[/quote]

I’d agree put up the fence, install a couple security cameras on your house facing this property line and ignore your dipsh!t neighbors. Sending a threatening letter about suing them probably isn’t going to make things any better and nothing is probably going to change their attitude towards you. Leave them alone and hope the fence does enough to prevent them with screwing with your property in the future. If they do do something to your property when you’re gone hopefully you’ll catch it on the security camera and then you can sue for damages.

[svelte]

This is not an uncommon problem. Here is what has happened to a couple who are close friends of ours, prominent members of the coastal community.

They have lived in their house 20+ years. Fence lines had not changed. Mature plants lining their side of the fence on all sides.

Neighbor on one side moved out, new older professional couple moved in. New couple decided to expand their new house, did a lot line survey, low and behold the fence was 5-10 feet (can’t remember) off – our friends had part of their lot.

Words were exchanged, then letters, then both sides lawyered up. New correct fence was erected. Mature plants were ripped out. They are in a dust-settling mode right now after which I am sure construction will begin.

[Author]

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