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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have a neighbor that backs up to my back yard. We have a

Customer Question

I have a neighbor that backs up to my back yard. We have a joint property block wall fence
between our two properties. My neighbor's back yard has banana trees and palm trees that
is damaging the block wall with the fence being bowed out and several blocks cracking breaking into small pieces. We have talked to our neighbor several times and shown her pictures of the wall and where it is being damage. She has refused to do any thing even when we offered to pay 50% to have the wall repaired. No go. Living in California and the potential of earthquakes I am afraid someone could be seriously injured or killed by the wall breaking apart and falling completely down. Please advise what kind of Lawyer would be able to help me?
Thank you,
Ed Walcott
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues and other legal issues. I look forward to helping you today. At the end of this discussion I'm going to ask you to please rate me, as I am not an employee of this site but an independent contractor, so that's the only way I get credit for my time here today—this is at no extra cost to you.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney.

Expert:  FamilyAttorney replied 1 year ago.

I'm sorry you are having these issue with your neighbor. Good fences are supposed to make good neighbors but that's not always true, as you can see in your own case.

Your best bet is to get a real estate lawyer who deals with property issues, including walls and fences, all the time. In this case, there are plants and trees, living things that are encroaching on the wall but that are damaging the wall. The damage will only get worse.

I would suggest that you get a real estate lawyer for this and sometimes you won't have to go to court -- sometimes a threatening letter from a real estate attorney will do the trick. If that doesn't work, then the lawyer will want to discuss with you the option to take her to court but will also see if she can pay some $ towards your legal fees if it has to go to court. Legal fees are never guaranteed by the court but it's always good to ask for it anyway because sometimes litigants get them.

Let me know if you want me to find real estate lawyers for you in your area. I would need to know the biggest city/town near you so I can find lawyers for you. I do this free of charge for my customers here, and while we're not allowed to recommend a specific attorney, I can point you in the right direction. I also have a guide that I made to explain how to pick lawyers from the list that I will send you. It's easy to follow and short, to the point, so it will help you when deciding which lawyers might be right for you. Just let me know and I'll be happy to give you the information about lawyers in your area.

I'm happy to help you with this so please let me know if you need this information about real estate lawyers in your area.

Does this answer your question? I'll be back to check in the late morning so I can finish answering the question then and find some lawyers for you.