San Jose, CA asked in Land Use & Zoning for California

Q: My CA parcel has the only fence within 3 blocks. Since 1967 I have had sole maintenance and repair.

New owner #4 in 2021 tore down this fence and replaced it with a new fence as part of his major remodel. What costs and damages can I recover?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, you may potentially recover the costs and damages associated with the replacement of the fence if you can demonstrate that the new owner's actions constituted a wrongful removal or destruction of your property interest. You may also seek compensation for any decrease in property value resulting from the replacement, as well as legal fees if applicable, through litigation or negotiation with the new owner. However, the specific outcome will depend on the facts of your case and applicable legal principles.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.