DearCustomer- I have copied the relevant statute below. I can understand why your neighbor is referring to this statute as it would appear that by building a fence you would be hindering his access. Based on my experience, the purpose of this law is to prevent someone from actually blocking another person's entry, not by building on their own property a legal structure.
If the proposed fence is legal and meets the zoning codes then I can't see that it would be violating this statute. Your neighbor can simply remove his planter box and provide his own access. It is not your responsibility to provide access, and in fact it also seems he would be trespassing if he has to come onto your property to remove his trash.
I believe the access is his problem, not yours. He is blocking the access by having the planter boxes. Until you build the fence tell him he is not permitted to come onto your property whatsoever to remove the trash. If he does you can file trespassing charges against him. That is a violation of law!
David Kennett - JD - Attorney at Law
420.1. Anyone who willfully and knowingly prevents, hinders, orobstructs any person from entering, passing over, or leaving land inwhich that person enjoys, either personally or as an agent, guest,licensee, successor-in-interest, or contractor, a right to enter,use, cross, or inspect the property pursuant to an easement,covenant, license, profit, or other interest in the land, is guiltyof an infraction punishable by a fine not to exceed five hundreddollars ($500), provided that the interest to be exercised has beenduly recorded with the county recorder's office. This section shallnot apply to the following persons: (1) any person engaged in lawfullabor union activities that are permitted to be carried out by stateor federal law; or (2) any person who is engaging in activitiesprotected by the California Constitution or the United StatesConstitution.
An easement would certainly change my response. If there is an ingress and egress easement over this part of the property then you cannot block it with a fence. The property is yours but subject to the easement. In that case you could be in violation of the statute.
Then I do not believe you have a problem. Just be certain you obtain all the necessary approval from the HOA or local authorities before you install your fence.
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