CA law: Need lawyerly advice on neighbors accessing my property

[Catherine Decker]

Well - let's hope this isn't too complicated.

I just acquired a large parcel in Sacramento, CA that is adjacent to several houses in a subdivision. Many of the houses have gates in their fences that open onto my property. Earlier this week, I caught a neighbor actually cutting down trees on my property! He has clearly done it several times before. The trees weren't diseased, he just didn't like them. Of course, I asked him to stop. My property has been badly neglected for several years, so neighbors probably are used to coming and going (it's 3 acres), but I would like this to stop. There are no fewer than 11 gates that open onto my property. (Don't worry, the trees were big oleander bushes and not the fabulous heritage oaks, but still....)

Would like any lawyerly advice on this topic. I know I need to act quickly. I have only owned the property for 4 weeks, so this is a new issue and I don't want to sit on it. I also don't want the neighbors doing any more damage nor do I want them to be accessing my property.

Any advice from attys in California or those familiar with situations like this?

[James Mc Ree]

I can't help you with legal advice as I am not a lawyer and I am in PA, not familiar with CA law.  Here is some neighborly advice instead.

I would not make my first move to be calling a lawyer.  I would give my new neighbors the benefit of the doubt that they were looking out on this unkept land next to them, that has probably been that way for a long time and getting worse, and trying to make the best of it.  Maybe they thought it was open space, wild land, owner didn't care - maybe was dead, etc.

Instead, I would introduce myself to my new neighbors as the new owner of the land "next door" and talk with them about my plans for the property.  I would ask them if the neighbors had used the land for anything in the past and let them know that I would be using it now and politely ask them to respect the boundaries.  The gates wouldn't bother me as they can be great for transit both ways if we built a house, were living there and befriended our neighbors.  Kids are great for that!  The gates will be better than climbing fences.

My 2nd step would be to post "Private Property - Do not Trespass"-type signs and call the police if the neighbors do not respect the property.  The police support is "free" and they can issue an order to stop the trespass.  Your neighbors could end up in front of a judge after several of those citations.

Lastly, my non-legal PA advice: the lawyer might be useless.  Think about your goals in a lawsuit.  If it is to stop trespass, the police might be a better route as trespass is more criminal than civil.   It is hard to show civil damages just from trespass. Restitution for lost tree property damage could involve a lawyer, but might be challenging if you don't have much appreciation for your lost trees (just reading into your post).  You could do it yourself in small claims court and might spend more on the lawyer than you get in damages, though you could sue for legal costs too.

Good luck!