Carlsbad, CA asked in Real Estate Law and Criminal Law for California

Q: neighbor hired a fence repairman who cut down my very large 16 year old shrub. What are my options?

My situation involves a neighbor who hired a fence repairman to remove the last section of fence separating our properties under the guise of installing a new fence post where there wasn't one prior for the neighbor, instead the worker destroyed and uprooted a large shrub on my side of the fence that I had been growing, trimming, and shaping for the past 16 years and was a prized feature of my yard. In the end no fence post was installed.

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Mill Valley, CA
  • Licensed in California

A: You may be entitled to up to three times your damages plus attorney fees. Obtain an estimate of the replacement value of the shrub and set up a consultation with a real estate attorney. Your options are to either settle or sue. There are various methods of negotiating settlements. You don't say how long ago this happened, but do not wait, as you can lose your rights over time.

Dale S. Gribow agrees with this answer

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