Rancho Cordova, CA asked in Real Estate Law and Agricultural Law for California

Q: Can our neighbor be "forced" to maintain their berry bushes, so that they don't grow over the fence into our yard?

We live at the bottom of a hill. The neighbor behind us has a home at the top of the hill, and owns most of the property in between. Many years ago we removed all of the berry bushes growing on our property. But just over the fence, there is about 10 yards deep of berry bushes still growing "wildly" on the neighbors property. I'm assuming it's just gravity, but every spring / summer they grow down hill into our property. The hill makes it dangerous, and time consuming, to keep trimming the bushes as they come through and over the link fence. But if we don't, and they reach the dirt on our side of the hill, they will rapidly cover our property again. This section of their property has never been maintained. They actually have another fence, about 15 yards up from our property line, where it appears they maintain up to. We had a surveyor confirm where the lines are, and who owns the section between fences. Are we required to keep doing this to protect our yard from their berry bushes?

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
  • New York, NY
  • Licensed in California

A: You can claim trespass if their bushes are over the property line. If they don't respond to written requests from an attorney, litigation may be required. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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