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Our gar age was built many years ago and is on the property…

Customer Question
Our gar age was...

Our gar age was built many years ago and is on the property line with my neighbor. We have a termite infestation and need to rent the garage. On my neighbors side of the garage and wall, there ivy growing that needs to be removed in order to tent the garage. My neighbor will not permit my workmen remove the ivy, therefor, the exterminator cannot tent the garage. Do we have any riights?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Los Angeles California

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There also trees on their side of the wall that hang onto my garage roof. I have trimmed the trees up to the property line.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
12/11/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,252
Experience: Licensed to practice before state and federal court
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Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about your situation. Generally, you don't have a right to have the neighbor remove their ivy so you can fix your garage. This means that your best bet is going to be through court action of some kind, unfortunately. What I mean by that is this appears to be a nuisance, meaning that the neighbor is interfering with the use and enjoyment of your land. If their ivy is so close that you can't complete even simple renovations on the structure, then they're preventing you from making improvements. The neighbor has a right to have the ivy, but they don't have the right to have the ivy obstruction your land.

Now, on a practical level, you may want to continue working with the neighbor to see if they'd be willing to help you out.

One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals. You may also want to consider paying them some rent or agreeing to pay to have the ivy put back up when its done.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
My neighbors concern is that the termite gas will kill the ivy that is growing on her side of the wall. Even though it will grow back eventually, she is not willing to but up with the temporary unsightly wall. She claims it took years to grow.
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

I can certainly understand. Do you think that any amount of $ will placate them?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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