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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34897
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I have been issued A notice of violation concerning my

Customer Question

I have been issued A notice of violation concerning my property which overlooks a hillside which recently had a rock slide into the street below. My property has been constantly worked on to prevent such an event from happening. The hillside where the slide occurred is below my property and owner there has done nothing to prevent such a slide on his lot.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 4 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If the slide was not from your property, but from the property below yours, and you have a sufficient retaining system in place to prevent your property from sliding, then you have no legal obligation related to your neighbor's property, nor do you have the legal right to control what your neighbor does, or does not do, no his property if it does not effect your property.

In other-words, if the problem is not emanating from your property, but form property belonging to another, you cannot be held liable for the slide, nor the failure of another property owner to correct dangerous conditions. The violation citation you were issued would seem to be relatively simple to defend if the facts are as you claim them to be.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


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