Neighbor Disputes

California law prohibits 'spite fences'—fences over 10 feet high erected with malicious intent to annoy or injure a neighbor. Under Civil Code § 841.4, such fences are deemed a private nuisance and may be ordered removed by a court. You must file suit within three years of discovering the violation.

Yes, you may trim overhanging branches up to the property line, but only the portions extending onto your property. You cannot enter your neighbor’s land, damage the tree, or cut beyond the boundary line without consent. Doing so may expose you to liability for trespass or tree damage.

Under California law, your neighbor is strictly liable for injuries caused by their dog — regardless of whether the dog has bitten before or shown aggression. You may recover full compensation for medical bills, lost wages, pain and suffering, and other damages. You generally have two years from the date of the bite to file a lawsuit.

California law imposes strict duties on pool owners to prevent unauthorized child access. Unfenced pools violate the Swimming Pool Safety Act (Health & Safety Code § 115921 et seq.) and may trigger premises liability under Civil Code § 1714. Failure to comply creates rebuttable presumption of negligence in child drowning or injury cases.

No, California does not recognize a general common-law right to an unobstructed view. Limited statutory view protections exist only for certain coastal properties under the Coastal Act and for specific tree-related obstructions under Civil Code § 833–834, but not for typical residential construction.

Yes, California’s Solar Shade Control Act (Civil Code § 714 et seq.) may protect you—but only if your solar system was installed before the shading trees were planted or significantly increased in height, and only for qualifying residential systems. The law does not require removal of existing trees, but prohibits neighbors from allowing newly planted or trimmed trees to cast more than 10% shade on your panels between 10 a.m. and 2 p.m. solar time.

To challenge a prescriptive easement claim in California, you must prove the neighbor’s use was not continuous, open and notorious, adverse, or exclusive for the full 5-year statutory period under Civil Code § 813. File a quiet title action in superior court to obtain a judicial determination.

You may report an unpermitted Accessory Dwelling Unit (ADU) to your local city or county building and safety department. California law does not authorize private citizens to file enforcement actions directly, but local jurisdictions are required to investigate complaints under Government Code § 65850.1 and Health and Safety Code § 17920.3. Enforcement is discretionary and typically prioritizes health, safety, and fire hazards.