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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38311
Experience:  30 years in civil, probate, real estate, elder law
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I've lived in this house for 40 years with no neighbor

Customer Question

I've lived in this house for 40 years with no neighbor problems. When a neighbor moved into the next-door property 2 years ago he removed my mailbox, then returned it at my request but not before spray painting it grey, red, & pink! Not wanting to get into a 'neighbor feud' I didn't pursue it. The other week he hacked branches off a tree at the front of my house. I couldn't walk down my driveway (I have trouble walking) so I stood on my front porch and asked them what they were doing. He and his cohorts looked up at me and one removed a healthy branch, held it up and said 'Look, a Christmas tree'. As it is, this tree has been struggling as a result of the CA drought. What can I do?
Submitted: 3 months ago.
Category: Legal
Expert:  Ray replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 3 months ago.

You need to call the police , this is trespass and vandalism.They have no right to take your mail box or trim trees on your property.Law enforcement will resolve this, they can be charged criminally.Anytime they come onto your property or vandalize call the police.

I would also consider posting a no trespass sing, and possibly security camera.This makes video record for the police to prosecute.

Expert:  Ray replied 3 months ago.

Sign for you here

http://www.mysecuritysign.com/california-trespassers-will-be-prosecuted-sign-sku-k-2257-ca

I appreciate the chance to help you tonight.If you can positive rate 5 stars it is much appreciated.

Expert:  Ray replied 3 months ago.

Reference

California law recognizes and respects the sanctity of a person’s private property. As a result, it is a crime to enter or remain on another’s property without permission. In these instances, a defendant can be charged with trespassing under California Penal Code Section 602 PC. While there are over thirty forms of trespassing under California law, all adhere to the same basic elements.

In order to prove that a defendant is guilty of trespassing, a prosecutor must be able to establish the following:

  1. The defendant willfully entered or remained on the property of another
  2. The defendant did this with the specific intent of interfering with the other person’s property rights
  3. AND the defendant actually interfered with these rights

2. Related Offenses

Similar offenses include the following:

  1. Aggravated Trespass - California Penal Code Section 601 PC
  2. Burglary - California Penal Code Section 459 PC
  3. Vandalism - California Penal Code Section 594 PC