Neighbor encroachment on unmaintained land

[DoubleJ]

Hi,

Behind my property and the property of my next door neighbor is a patch of flat undeveloped land. We live at the bottom of a canyon in SoCal. On the other side of the patch is a hill side. I guess the patch is technically owned by the HOA or the city.

Over the last 8 months, my neighbor has been developing the patch on his side, planting some fruit trees etc. This affects our privacy as now he can see straight into our yard and kitchen when he is out on that patch.

More recently he planted a tree that is located such that if I extrapolate the lot line between our properties to the hill side is 3 feet over to our side. Hence, it is right behind my property. This is a fruit tree, so harvesting the fruit clearly puts them behind our property, affecting our privacy.

Now he is digging another hole for what I assume will be another tree, on the same line as the fruit tree mentioned above. Hence 3 feet over the extrapolated lot line.

Ironically, for some of his other projects back there he has respected the extrapolated lot line.

Is there anything I can do to restore my privacy?

Thanks for your insights.

 

[army judge]

Hi,

Behind my property and the property of my next door neighbor is a patch of flat undeveloped land. We live at the bottom of a canyon in SoCal. On the other side of the patch is a hill side. I guess the patch is technically owned by the HOA or the city.

Over the last 8 months, my neighbor has been developing the patch on his side, planting some fruit trees etc. This affects our privacy as now he can see straight into our yard and kitchen when he is out on that patch.

More recently he planted a tree that is located such that if I extrapolate the lot line between our properties to the hill side is 3 feet over to our side. Hence, it is right behind my property. This is a fruit tree, so harvesting the fruit clearly puts them behind our property, affecting our privacy.

Now he is digging another hole for what I assume will be another tree, on the same line as the fruit tree mentioned above. Hence 3 feet over the extrapolated lot line.

Ironically, for some of his other projects back there he has respected the extrapolated lot line.

Is there anything I can do to restore my privacy?

Thanks for your insights.

What your neighbor is doing isn't encroachment.

It is called adverse possession.

If it is allowed to go unchallenged, he can eventually become the legal owner of the property.

You should endeavor to notify the legal owner of the property.

The legal owner can then assert their property rights to avoid losing their land.

If the HOA is the owner, you might wish to inform them of his actions.

I'm surprised the HOA hasn't acted already.

They are generally watching and controlling every aspect of the lives of people that try to buy property under their iron rule.

 

[DoubleJ]

Thanks Army Judge. What if the owner of the land is not interested in asserting their property rights? I mean, I would have to move out there and claim my space to assure my own privacy?

 

[army judge]

Thanks Army Judge. What if the owner of the land is not interested in asserting their property rights? I mean, I would have to move out there and claim my space to assure my own privacy?

That is up to the owner.
You're like him, neither of you have property rights.

But, the HOA should step in, as most are keen to control their members' lives.

Start with the HOA.

Most of them won't allow you to cut your grass, unless you do it their way.