Greenbrae, CA asked in Real Estate Law for California

Q: Can I cut my neighbors hedge that is in violation of muni code and cc&rs if he won't?

Hedge is 20' tall, muni code and CC&Rs allow 6'. He won't cut them. If I cut them, I am potentially in violation of Fulle vs Kanani... but since the hedge is illegal, how can he have damages?

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1 Lawyer Answer
John T. Kontrabecki
John T. Kontrabecki
  • San Francisco, CA
  • Licensed in California

A: You need a legal solution that is going to keep you out of litigation or open conflict with your neighbor.

If there are CC&R's there must be an existing home owners association. File your complaint with them and let the board of the association deal with the problem.

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