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Neighbor's small tree and illegal catering business from home

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gaggz

Member
What is the name of your state (only U.S. law)? California

Hi
We purchased our home 3 months ago and found out that we have a very rude neighbor who had put a lot of junk on the side wall of our garage. There was no boundary wall, so all area till side of our detached garage was accessible to him, and so the neighbor said all of the area was his. The neighbor also used the junk and two un-permitted sheds (one of them is of size of 2 rooms) , so that he could hide his illegally run marriage cooking /catering business from home (catering from home is un-permitted in CA). Neighbor kept on saying the area on side of garage was his and one day we even had a bitter argument, which resulted in us having to call cops as the neighbor's son started issuing serious threats against us. After cops were called, neighbor got scared and calmed down. We eventually had survey done and indeed the small area by the side of garage was ours. One shed is encroaching on boundary line as well. Few points:

1. Neighbor has put tall wooden boards on boundary wall that are extending to our side. Shall we call city or city appointed neighbor dispute center first?
2. There is an orange tree growing from neighbor's side which is about 12-15 feet tall but very unhealthy as its roots are surrounded by concrete from neighbor's backyard flooring and our garage foundation. Neighbor refuses to get rid of sick tree even when we wanted to pay to remove it (its branches had damaged our shingles, and we are trying to avoid garage foundation problems). Its main trunk, 5 inch diameter, comes into our property line, completely inside, before it rises up. Technically I can cut it, but wondering if in California I can cut a main stem that will kill/ decapitate entire tree?
3. Neighbor is continuing his illegal cooking business from home. We even suspect he has an illegal natural gas line hook-up that has un-permitted pipes and could even bypass the meter. The fumes from cooking are sometimes very intense and bother all of the neighbors. Also, one of his illegal gas pipes was leaking, he denied, we called gas authority, he had to eventually replace. Our home could have been burnt if we did not smell the gas. But we still fear there may be other pipes that may be in bad condition.
4. Although I have security cameras, I cannot prove that his cooking is a commercial business (he can say he loves cooking). We have seen people dressed as waiters carrying large trays with cooked items leaving his property. How can we legally prove its illegal cooking and not just a large-scale cooking for family? Should we hire a detective? This neighbor uses unsafe methods, old gas pipes, unhygienic surroundings to cook food (kabobs, ethnic cooking) that could make people sick and releases a lot of smell too.
Please help!
Regards
 
Last edited:


quincy

Senior Member
What is the name of your state (only U.S. law)? California

Hi
We purchased our home 3 months ago and found out that we have a very rude neighbor who had put a lot of junk on the side wall of our garage. There was no boundary wall, so all area till side of our detached garage was accessible to him, and so the neighbor said all of the area was his. The neighbor also used the junk and two un-permitted sheds (one of them is of size of 2 rooms) , so that he could hide his illegally run marriage cooking /catering business from home (catering from home is un-permitted in CA). Neighbor kept on saying the area on side of garage was his and one day we even had a bitter argument, which resulted in us having to call cops as the neighbor's son started issuing serious threats against us. After cops were called, neighbor got scared and calmed down. We eventually had survey done and indeed the small area by the side of garage was ours. One shed is encroaching on boundary line as well. Few points:

1. Neighbor has put tall wooden boards on boundary wall that are extending to our side. Shall we call city or city appointed neighbor dispute center first?
2. There is an orange tree growing from neighbor's side which is about 12-15 feet tall but very unhealthy as its roots are surrounded by concrete from neighbor's backyard flooring and our garage foundation. Neighbor refuses to get rid of sick tree even when we wanted to pay to remove it (its branches had damaged our shingles, and we are trying to avoid garage foundation problems). Its main trunk, 5 inch diameter, comes into our property line, completely inside, before it rises up. Technically I can cut it, but wondering if in California I can cut a main stem that will kill/ decapitate entire tree?
3. Neighbor is continuing his illegal cooking business from home. We even suspect he has an illegal natural gas line hook-up that has un-permitted pipes and could even bypass the meter. The fumes from cooking are sometimes very intense and bother all of the neighbors. Also, one of his illegal gas pipes was leaking, he denied, we called gas authority, he had to eventually replace. Our home could have been burnt if we did not smell the gas. But we still fear there may be other pipes that may be in bad condition.
4. Although I have security cameras, I cannot prove that his cooking is a commercial business (he can say he loves cooking). We have seen people dressed as waiters carrying large trays with cooked items leaving his property. How can we legally prove its illegal cooking and not just a large-scale cooking for family? Should we hire a detective? This neighbor uses unsafe methods, old gas pipes, unhygienic surroundings to cook food (kabobs, ethnic cooking) that could make people sick and releases a lot of smell too.
Please help!
Regards

You can call your city's code enforcement and lodge a complaint.

It appears you didn't inspect the property very well before you purchased it.

Edit: This probably should have been added to your other thread.
 
Last edited:

gaggz

Member
You can call your city's code enforcement and lodge a complaint.

It appears you didn't inspect the property very well before you purchased it.

Edit: This probably should have been added to your other thread.

Yes, you are right. I should not have started this thread. I have continued here - link: https://forum.freeadvice.com/neighbors-boundaries-108/possible-encroachment-rude-neighbor-633866.html?posted=1#post3483596
 

HRZ

Senior Member
I would dig into the supposed improper shed issue with zoning or codes...and if improper, seek to have them removed.

And if his junk is on your lands you best wise up and get your lands surveyed and get encroaching junk removed lest he get some sort of " squatters rights " to be there . YOu apparently have a survey done...now sort out removal of encroaching shed lest he acquire adverse possession of lands on which it sits .
 

quincy

Senior Member
I would dig into the supposed improper shed issue with zoning or codes...and if improper, seek to have them removed.

And if his junk is on your lands you best wise up and get your lands surveyed and get encroaching junk removed lest he get some sort of " squatters rights " to be there . YOu apparently have a survey done...now sort out removal of encroaching shed lest he acquire adverse possession of lands on which it sits .

HRZ, read the other thread (or, actually, read this thread first). Questions are being addressed in the other thread now.
 
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