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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111550
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My neighbor's fence is leaning and there is a good chance

Customer Question

My neighbor's fence is leaning and there is a good chance that if I took the stakes down that it would fall... They have a pool, I don't... And they have junk stacked on their side
JA: Has any paperwork been prepared or filed?
Customer: No I have not even mentioned it to them
JA: Because laws vary based on location, where is the property located?
Customer: 3509 S West St is my address south east visalia
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to know how to approach the neighbor and my rights and the fact that they have a pool
Submitted: 1 month ago.
Category: Real Estate Law
Customer: replied 1 month ago.
I'm waiting
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the neighbor's fence is leaning onto your property, you should give them written notice that they need to make repairs to remove the fence off of your property. If they refuse to do so, then your next step is calling out the building inspector to come out and if it is in violation the building inspector can cite them. Your final recourse if the first two do not work, you would have to file suit in superior court for nuisance since their defective fence is causing a danger because of access to the pool and also because of the junk in their yard is a breeding ground for rodents and pests.
So you should send him a letter first explaining that the junk is a danger in the neighborhood because it attracts pests and rodents and the fence is a danger to the neighborhood because of the pool and it is also encroaching on your property and ask them to repair it.
If that does not work move to the next steps above.
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