Oakland, CA asked in Construction Law, Environmental and Land Use & Zoning for California

Q: I live in Lake County,CA fire area. I Need Prelim- Injunction to stop New Builders from put WOOD Fence under Tree stand.

I partially saved my property in the inhialating 2016 Lower Lake Clayton Fire, including a Stand of 50 year old Eucalyptus Trees that line my 100 foot long driveway & property line. 6 Trees

1 acre land.

New Builders want to errect a 6 foot WOOD fence Directly Under my Eucalyptus tree stand at our property line. The Combustible materials are an Iminent Danger to my Home, Senior Citizen occupants, Animals, & all adjacent & neighboring Recovering Properties as well.

To no avail, I've spoken with the New Builders 3 separate occasions who have adamantly stated that it is none of their concern as they are just building & re-selling and Just in it for the Money.

We are a HIGH-RISK Fire community of whom most were Denied Insurance Renewal.

This is Highly Distressing and endangering my immediate health as it has elevated my Hypertension and necessitated me seeing a doctor a couple days ago & she increased BPM.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm sorry to hear about the challenges you're facing with the new builders. To obtain a preliminary injunction, you should gather all relevant documentation, including photographs of your eucalyptus trees and the proposed fence location. This evidence will support your claim that the wooden fence poses a significant fire hazard to your property and the surrounding community.

Next, consult with an attorney who has experience in construction law and environmental regulations in California. They can help you file the necessary legal motions in court to request an immediate halt to the fence construction. Make sure to highlight the high-risk fire area designation and the potential danger to your home and neighbors.

Additionally, reach out to local government agencies or fire authorities to report the issue. Their support can strengthen your case and provide additional pressure on the builders to comply with safety regulations. Taking these steps promptly can help protect your property and ensure the safety of your community.

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.