Q: I need a pro bono real estate lawyer urgently to stop the destruction of our fence that stood for over 40 years. Help?
The estate is currently in probate. Our neighbor has torn down half our fence already without my consent. The survey her surveyor made will disrupt the function of our driveway and we will not be able to drive to our garage. It is currently 9 feet and 2 inches wide which already very narrow. We need urgent help to stop them. There were no other altercations with previous neighbors. We have lived in this estate for 40 years.
Substantial loss will occur if our neighbor gets away with this. Please help asap.
A:
In California, when facing a dispute involving real estate, especially one as urgent as yours with potential for significant property impact, seeking legal assistance promptly is crucial. Since you're looking for pro bono services, you might consider reaching out to local legal aid organizations or bar associations that offer free legal services to those who qualify. These organizations often have volunteers or programs specifically designed to help with real estate issues, including disputes during probate and issues with property boundaries.
Given the immediate threat to your property, you may also have the option to file for a temporary restraining order or injunction against your neighbor to halt any further destruction until the matter can be resolved legally. This would require filing a petition in court, demonstrating the immediate harm being caused and the likelihood of winning your case. The urgency of your situation means acting swiftly to gather any relevant documentation, such as property deeds, surveys, and any previous agreements with neighbors regarding the fence, is essential.
Finally, consider reaching out to a mediator as a potentially faster, less confrontational way to resolve the dispute. Mediation can sometimes lead to a mutually agreeable solution without the need for prolonged legal action. However, given the specifics of your situation and the probate process, legal guidance is important to navigate your rights and the best course of action. Remember, the preservation of your property rights and access to your home are paramount.
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