Chino Hills, CA asked in Land Use & Zoning, Real Estate Law and Civil Rights for California

Q: My neighbor is selling his home with several building code violations that affect my property.How can I remedy b4 sale?

Neighbor built an oversized wooden shed, where one side of the shed sits directly on our mutual property line. And the shed's canted/sloped roof drains rain water onto my property causing erosion. Shed size does not conform to muni code (too large 16' x 16' vs 10' x 10') and shed should have at least a 6 foot setback from property line.

Neighbor built a fence between our properties (which, when solicited by Neighbor, I paid for half the materials costs (to be a 'good neighbor')). But while I was at work, neighbor built the fence completely on My property using a diamond blade circular saw to cut into my new concrete driveway to sink the fence posts.

Neighbor planted a tree directly on our mutual property line. As per Muni code, tree must have at least a 6 foot setback. Neighbor has several other code violations, room addition with electrical/water without permits or inspections. He basically does what he wants. I confronted him on all .. he laughs and walks away. And he's a cop.

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • Real Estate Law Lawyer
  • New York, NY
  • Licensed in California

A: You can report such violations to the city, and you might be able to sue as well for trespass and related wrongs. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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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