Possible Encroachment & rude neighbor

[gaggz]

What is the name of your state (only U.S. law)? CALIFORNIA STATE
Hi
We just bought a new single family house that has a garage in southwest corner of property with no boundary wall on side, (but 1 common wall is at back) and hence is adjacent to 2 houses. There are no issues with the home on the back but the neighbor on the side (with no property wall) has possibly taken over our land. Few datapoints:

1. There is no survey available as property is very old, and the survey lines have faded over time
2. Blueprint says there is 1 foot 6 inch space from garage wall to property line on back and on the side
3. There is a common wall on back but not on side (hence the "encroachment")
4. At Back: On measuring, there is 14 inch space from garage wall to common wall - means common wall is built a little on my side and little on owner of the home at back.
5. But on the side, there is no space given to for us, neighbor on side says his property extends to my garage wall (no accountability of my 18 inch space)
6. per blue print, my backyard should be 50 feet wide but its only 48 feet 3 inches wide. I am missing 1 foot 9 inches (possibly rest is encroached land on side)
7. Neighbor on side says no one complained to him since 25 years. Apparently the two owners of my home before me did not care
8. for the neighbor on side: there should be a 2 foot 6 inch "space" between my drive-way and his property line. But this space is 3 feet towards road opening and zero space towards the other end of the garage, which could possibly mean the so called "2-and-half foot" space is an angle and not parallel to my home property -hence possible mis-perception???
9. Same nasty neighbor has illegal catering business running from his home
10. He had illegal gas pipe right next to garage wall (space he calls his property) which was rotten and leaking. When we called utilities to report gas leak, they caught a leak and then only he got rid of the old pipe - my 2 cars in garage could have been toast!
11. This guy did so much cooking in past that all neighbors around him (not just the previous owners of home) could not even breathe. Once this home's immediate past owner turned blue and had asthma attack from the smoke. Since 2 years California has made home catering business rules stricter, hence he is doing lesser cooking, but still does it.
12. Neighbor has 2 illegal sheds in backyard to "hide" his operations. He even lets poison ivy grow tall to "hide" his work, that gives rise to rodent problems.
13. he keeps on looking at our home from his home, which has 2 storeys and ours is single level (Street level), should I call police? We have 2 little kids and I am very concerned. He is always scanning the whole neighborhood. Very nosey person!
14. He may not allow surveyor to go towards his side.
15. To my best knowledge, there is no easement for neighbor on our or his property and the "encroached" area is ours, but I have not checked (where can I go check)?

I would appreciate inputs towards the above. MOST IMPORTANT - if it is proven that he is indeed in my property line (not easement, actually in my property), can he say "no one complained since 25 years" and get to keep that area, adding a lie that he maintained it (we know there was all junk and illegal pipe there)? I paid for the whole plot of land, if previous owners let him have his way, does not mean this will become his property (Note: this only applies if proven by survey he is on my land)?

Please help. He talks very rude to my wife and I am so upset we have a neighbor from hell!

(State - CALIFORNIA)

Regards
Doc

 

[adjusterjack]

You need your own new survey.

And a lawyer.

 

[Victor Newman]

And a metal detector to find the survey pins/pipe....if they are still there.

 

[gaggz]

Updates....

Thanks for your replies. Here are some developments
1. We were vigilant and this helped. We caught the neighbor's wife come inside our property and trying to put huge wooden boards for their privacy, limiting access to our own property area on side of garage. When we resisted, tempers flared. The lady called her "former" marine son who threatened to beat me and deface my property. We had to call local police on them. Following the visit by police, they are calm and never bothered us.
2. We got survey done, the side of garage area is within our property. The neighbor was indeed encroaching on our property. But karma prevails - they now have made their "makeshift" wooden wall inside their property line to hide their "illegal" cooking business. In this way they had to give up some 60 sq feet of their own space in backyard.
3. We are in touch with local police and neighbor dispute resolution center. As soon as we get formal survey report, the resolution center will jump in!
4. Neighbor is still doing illegal cooking business with involvement of sons of our immediate neighbor. It is hard to prove at this point legally if the cooking is commercial - they can always say they were cooking for their extended family. I have placed 8 high resolution cameras around the house and am waiting for some evidence. Alternative is to hire private detectives...
5. Neighbor still has an unpermitted shed on the boundary line - looks we have to call the city...

Any other suggestions to curb the neighbor's illegal cooking menace (strong smell at times) would be helpful. Thanks!!! FYI - I am starting another thread on the cooking issue... thanks

 

[Zigner]

I have placed 8 high resolution cameras around the house and am waiting for some evidence. Alternative is to hire private detectives...

Another alternative is for you to report (continue reporting) this to your city instead of trying to play detective.

In your other thread (which should have been placed here), you say that such cooking is illegal in California. Do you have a citation for that? This is usually a matter left up to the local municipalities.

 

[quincy]

Another alternative is for you to report (continue reporting) this to your city instead of trying to play detective.

In your other thread (which should have been placed here), you say that such cooking is illegal in California. Do you have a citation for that? This is usually a matter left up to the local municipalities.

In the other thread, I had suggested reporting the home business to city code enforcement officers but for a cooking/catering business, that should also be regulated by the state health and safely department, too, I would imagine. Right?

 

[LdiJ]

In the other thread, I had suggested reporting the home business to city code enforcement officers but for a cooking/catering business, that should also be regulated by the state health and safely department, too, I would imagine. Right?

Health and Safety might do more to get them shut down even than code enforcement would. I cannot imagine that backyard sheds would meet standards for commercial kitchens.

 

[Zigner]

In the other thread, I had suggested reporting the home business to city code enforcement officers but for a cooking/catering business, that should also be regulated by the state health and safely department, too, I would imagine. Right?

I agree. However, I don't believe there's a blanket state-wide restriction against a catering business being run out of a home, as the OP stated.

 

[Zigner]

Health and Safety might do more to get them shut down even than code enforcement would. I cannot imagine that backyard sheds would meet standards for commercial kitchens.

I'd get them both involved.

 

[FlyingRon]

California requires kitchens (for caterers, etc...) to be permitted by the health department. You need to show the floorplans, your safe handling training certificates, and a description of how you intend to operate. Sheds in the backyard, I agree, aren't likely to cut it. You can talk to the public health department (they usually have a food safety division) about that aspect.

As far as any encroachments, as pointed out, you need a survey rather than relying on measuring things off a plat which may not itself be accurate.

 

[gaggz]

Thanks for help ... and some more progress (below)

Hi All

Thanks so much for your help. I am indeed so overwhelmed with the support and answers!
No, I do not have a citation or law statement saying they can or cannot have catering business from home. I went with information provided to me by a friend who owns a big banquet hall and in this industry since a long time. I should have some more concrete information. Also, here are some updates:

As updated earlier, I had mentioned we got a survey done. Today, I saw neighbor had got a worker who had a metal detector. I thought their water or gas pipe had gone bad, but I think they were trying to find underground pipes so that they could build a common wall in extreme front (frontyard) and extreme back (by side of my garage) - there is existing wall in middle part for some 50 out of 100 feet boundary line. I have incurred several expenses cleaning up neighbor's mess in my property, getting a costly survey ($2200 in this part of CA state), and so on. I cannot afford to share any costs in case neighbor is indeed trying to build a wall.

Questions:
1. Can I refuse a wall being built on the property line without my consent? I am okay if neighbor wants to build a permitted wall a little inside the property line towards his side...
2. Can the neighbor force me to pay in part for the wall and also share any future maintenance costs? As I mentioned, I do not have any more money left... besides, he wants to build a wall in extreme front and extreme back, and it is not necessary as there had been no wall there since 1950... and there were no security or other problems... so why should I pay now?
3. Our city allows 6 feet wall. In case neighbor takes special permission for 8 foot wall, what can I possibly do to avoid this? Also can this permission be granted without my consent? I do not want too high walls...

Please advise?

Regards,

 

[quincy]

Hi All

Thanks so much for your help. I am indeed so overwhelmed with the support and answers!
No, I do not have a citation or law statement saying they can or cannot have catering business from home. I went with information provided to me by a friend who owns a big banquet hall and in this industry since a long time. I should have some more concrete information. Also, here are some updates:

As updated earlier, I had mentioned we got a survey done. Today, I saw neighbor had got a worker who had a metal detector. I thought their water or gas pipe had gone bad, but I think they were trying to find underground pipes so that they could build a common wall in extreme front (frontyard) and extreme back (by side of my garage) - there is existing wall in middle part for some 50 out of 100 feet boundary line. I have incurred several expenses cleaning up neighbor's mess in my property, getting a costly survey ($2200 in this part of CA state), and so on. I cannot afford to share any costs in case neighbor is indeed trying to build a wall.

Questions:
1. Can I refuse a wall being built on the property line without my consent? I am okay if neighbor wants to build a permitted wall a little inside the property line towards his side...
2. Can the neighbor force me to pay in part for the wall and also share any future maintenance costs? As I mentioned, I do not have any more money left... besides, he wants to build a wall in extreme front and extreme back, and it is not necessary as there had been no wall there since 1950... and there were no security or other problems... so why should I pay now?
3. Our city allows 6 feet wall. In case neighbor takes special permission for 8 foot wall, what can I possibly do to avoid this? Also can this permission be granted without my consent? I do not want too high walls...

Please advise?

Regards,

Question 1 answer: You can object to a fence being built on the property line.

Question 2 answer: No.

Question 3 answer: You will be notified of any request for a variance and you can file an objection to the building of an 8' fence. Permission can be granted without your permission but your voice and the voices of your other neighbors are heard and the objections to the variance considered.

 

[HRZ]

ISsUes in CA may differ ...but I'd cHeck if large sheds are even Code "legal " , a decent size catering operation probablY has some " customers" which you might find, noxious weeds may run afoul of property maintenance code, food prep and service probably requires a number of permits and health inspections
.
And last but not least, a home business might trigger a number of permit fees and taxes

 

[gaggz]

Thanks again - some more updates

Thanks for the guidance, again! More updates:

1. Our negotiator from city appointed dispute resolution center contacted neighbor: neighbor pretended there was nothing, he was trying to mislead negotiator. The matter is not at all closed yet from any angle and there is a problem!
2. We found out that sheds over 60 Sq ft base area need permit. At least one shed is unpermitted, the second one's size is being estimated - we are in touch with city, and will request action soon
3. Our space is still encroached, most likely we will have to pay from our pocket to have his wooden boards and dysfunctional natural gas pipe removed. Still trying to get city to do same and bill the neighbor
4. Neighbor is still doing his catering work. 2 days ago there was a horrible smelly cooking from his side (like pigs fat, something very stinky) and the smell lingered for 12 hours inside our home even when we had closed every single door and window during cooking process. We were asked to report this event to city by our negotiator from dispute center
5. I have drafted a detailed complaint letter for city, alongwith pictures of violation and encroachment. There is additional past complaint about neighbor's cooking by someone else few years ago, this should make our case stronger. Am keeping proofs and documentation saved in hard disk and also as printed copies (flow of events, pictures, etc).
6. The orange tree, whose main branch is entering our space, is being looked at by a certified arborist. We will remove main stem in such a way that a smaller stem remains, and tree is not killed. I will make sure that a third party removes the main stem, so that I have a receipt and am not directly in line of a court case in case tree inadvertently dies. (Dispute center recommended going to arborist).
7. We are asking city to check if catering permits are valid and if they have had health inspections. However, its hard for me to prove in first place whether that is catering as neighbor is covering up his tracks well. He only allows tight-lipped known people to work in his home (not legal to have employees at home in most such cases) so its hard to have a witness. Although we have seen lot of charcoal, cooking supplies entering the neighbor's place frequently, yet he can always say he is cooking for his extended family and loves to cook. Would appreciate any advice to gather evidence. Clients will not know truth as its catering work to private parties, so they will only see food laid on the table, not how it was cooked.

Thanks,

 

[quincy]

How to get evidence that your neighbor has a catering business run out of his home? Hire him for a catering job.