Does the right to "quiet enjoyment" in CA apply to homeowners?

KayeJaye

New Member
Jurisdiction
California
Hi!

Our neighbors decided to build a zipline across their yard, so they built a platform on their side of the fence as high as the fence (7 feet). Now their kids and their kids' friends hang out there and look over the fence into our yard. I can't find a building code violation. Do I have the same right as a tenant would to "quiet enjoyment" of my property? Is there some nuisance statute that would apply? I really can't wait for my trees to grow to 12 feet tall to create a barrier. The kids will be in college by that time!

Thanks in advance for the help!
 
Hi!

Our neighbors decided to build a zipline across their yard, so they built a platform on their side of the fence as high as the fence (7 feet). Now their kids and their kids' friends hang out there and look over the fence into our yard. I can't find a building code violation. Do I have the same right as a tenant would to "quiet enjoyment" of my property? Is there some nuisance statute that would apply? I really can't wait for my trees to grow to 12 feet tall to create a barrier. The kids will be in college by that time!

Thanks in advance for the help!

All people who live in apartments, homes, or tents have the right to enjoy their living arrangement.

However, a zip line may not be something you'd enjoy, but your neighbor does enjoy it.

As you indicated, one day your trees will be 12 feet high.

My 3rd grade teacher was fond of saying before any test began, "Students, keep your eyes on your own paper."

I've found her advice to be useful in many situations.
 
Is there some nuisance statute that would apply?

California Civil Code Section 3479:

California Code, Civil Code - CIV § 3479 | FindLaw

And, from the California Civil Jury Instructions, here's what you would have to prove in order to be successful with a private nuisance lawsuit:

California Civil Jury Instructions (CACI) 2021. Private Nuisance—Essential Factual Elements :: Justia

My opinion: You don't got it. So don't start a pissing contest with your neighbor. No good ever comes of it. Ignore what's happening. Smile and wave at the neighbor's kids. When they figure out it doesn't bother you, they will get bored and find something else to do.
 
California Civil Code Section 3479:

California Code, Civil Code - CIV § 3479 | FindLaw

And, from the California Civil Jury Instructions, here's what you would have to prove in order to be successful with a private nuisance lawsuit:

California Civil Jury Instructions (CACI) 2021. Private Nuisance—Essential Factual Elements :: Justia

My opinion: You don't got it. So don't start a pissing contest with your neighbor. No good ever comes of it. Ignore what's happening. Smile and wave at the neighbor's kids. When they figure out it doesn't bother you, they will get bored and find something else to do.

Thank you for the very helpful citation. The opinion was not so helpful. :)
 
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All people who live in apartments, homes, or tents have the right to enjoy their living arrangement.

However, a zip line may not be something you'd enjoy, but your neighbor does enjoy it.

As you indicated, one day your trees will be 12 feet high.

My 3rd grade teacher was fond of saying before any test began, "Students, keep your eyes on your own paper."

I've found her advice to be useful in many situations.

I didn't post pics so you wouldn't understand. The editorial isn't helpful.
 
Your best bet is to discuss your concern with the neighbor and see what you can work out.
Other than that you will have to find something in local ordinances such as public nuisance.
Much easier to just talk it out.
 
Your best bet is to discuss your concern with the neighbor and see what you can work out.
Other than that you will have to find something in local ordinances such as public nuisance.
Much easier to just talk it out.

I totally agree. He does have a history of being difficult when it comes to fixing damage, so I'd like to have something in my back pocket just in case. ;)
 
The neighbor behind me has a tall deck where they can easily see over my fence. The neighbor on side of me has a trampoline. There is really no privacy in my back yard. I just don't do anything in my back yard to worry about if the neighbors see.
 
Seriously? The kids next door have what is essentially a tree fort and you think this infringes on your rights in some way? How exactly?

Being able to see into your yard is hardly a crime. Most neighbors can see into other yards. Kids playing outside is a fact of life if you live in a neighborhood with kids. They ride bikes, use swing sets, play tag, and act like kids. I may not love that the kids next door were early risers and out there playing soccer in the yard at 7:30 on Saturday morning, but that's life.
 
Our house has 3-foot picket fences on two sides and a chain link fence in back. All of our neighbors can see into our yard all the time, but it doesn't interfere with our ability to enjoy our yard or our home. Like txls said above, we don't do anything in the yard or on the deck to worry about the neighbors seeing!
 
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