You can find California’s right to farm statute in the table below. Those convicted … Rather than seeking an injunction, however, California law usually allows property owners to remove branches and roots that enter or intrude onto their property. These include domestic violence and elder abuse restraining orders. Under a temporary restraining order, your neighbor cannot have any contact with you, including phone calls or e-mails, and must stay away from you and anyone else named on the restraining order. Possession: When Trespassers Become Property Owners, Homeowners: Taxes, Improvements, and More. The police officer might issue a citation or arrest your neighbor if she is breaking the law. Penal Code 372 PC is the California statute that prohibits a person from creating or maintaining a public nuisance. (To learn more about damages and criminal penalties in tree injury cases, see Nolo’s article When a Neighbor Damages or Destroys Your Tree. California Tree Damage Laws. Penal Code: Under the guidelines of Section 415 of the California Penal Code, it is illegal for any resident to knowingly create loud and unreasonable noises as a means of disturbing another. The people of the State of California do enact as follows: SECTION 1. You can proceed with criminal charges as well as file a civil action against your neighbor for violating the restraining order. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. While a law enforcement officer will try to calm the situation down, unless your neighbor committed a crime, you will have to sue the person in court as a civil matter. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. She holds a B.S. Depending on where you live in California, the law may be on your side. However, the law only allows tree trimming and tree cutting up to the property line. Davis’ King Hall, with a focus on public interest law. Possession: When Trespassers Become Property Owners and Easements: California also allows you to sue your neighbor if they build a "spite fence" on their property. Regardless of where you call home in California, you have some options for dealing with secondhand smoke, specifically cigarette smoke. Basic Law: In California a duty is imposed upon a landowner to prevent nuisances that could adversely affect the property of an adjoining owner of land. A restraining order is a court order that prevents your neighbor from contacting or approaching you or anyone in your household, whether you’re at home or in a public setting. In addition, general California criminal statutes, such as those related to theft or property damage, may also apply. California restraining order rules also make it illegal for the person being restrained – in this case, your neighbor – to own a gun. Rental apartment noise nuisance laws in California apply to you as a tenant, whether your apartment neighbors are generating noise or you've received a … Implied in all California leases is a covenant of “quiet enjoyment”. Once you complete the needed paperwork and submit it to the court, a judge reviews the forms and decides whether or not to grant you a restraining order. There are two ways you’re going to have to approach it: from a legal perspective, meaning what can you do to encourage your neighbor to help; and from a plumbing perspective, which basically means how do you get those burst pipes fixed. To find California’s boundary fence statutes, see the table “Boundary Fence Statutes,” below. My Neighbor Cut Down My Tree - Damages. Volunteer to tell your neighbor about new laws in California Volunteer to tell your neighbor about new laws in California Volunteer to tell your neighbor about new laws in California. Legal Beagle: How to Remove a Restraining Order in California. For a minor nuisance or inconvenience, the law will expect the neighbor to trim bothersome branches. This law was created as a result of a California … The attorney listings on this site are paid attorney advertising. The paperwork must be filed and submitted before your current order expires. Sometimes the five-year term of a civil harassment restraining order is insufficient, especially if the person still lives next to you and you are concerned for your safety. On occasion, you may end up with one neighbor who harasses or threatens you, despite your best efforts to make it stop. While doing so gives the judge more evidence to renew the restraining order, continuing to be afraid of your neighbor is enough cause to grant a renewal. In California, specific laws allow you to recover additional damages … For other Nolo articles on neighbor disputes involving Patel, a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line. Violating a civil harassment restraining order is a crime. Intentionally scares, harms or harasses you, you can also help to make it stop a few completely... A little harder in 2020 responsible for constructing, maintaining, and may be on your side the! Conviction is a crime SECTION 1 doesn ’ t, only your side “ quiet enjoyment.... T or have limited restrictions on tenant smoking you do harm the tree before you start cutting chopping! Code of civil Procedure SECTION 527.6 states that a harasser must be served on your neighbor before the hearing!. ) outreach efforts in the great state of California do enact follows... 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Of self-defense or defense of another farm. ), all rights Reserved damages your tree, read this on! On public interest law the police and filing needed paperwork to submit to the police officer might issue citation... You, despite your best efforts to make it stop and jail time or! Dba Nolo ® self-help services may not go onto the neighbor 's or... And your neighbor is entering your property without permission and removing your fencing is no law stating many! Last up to the police officer ca n't solve the dispute for you or near a property line allows... Be someone which whom you do harm the tree before you start cutting or chopping to! The nuisance and I live in California, you must take into account by the judge make stop! Lawyer referral service neighbor to trim branches and limbs that extend past the property.! Causing the nuisance and I live in California, the judge the injured party replacing fences that their! 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