What to do if my neighbor took down my fence door and blocked passage to the backyard with heavy construction equipment?

They have done so with no prior notice or permission from me. This is on a rental property (single family home) that I saw today. I called 911 but they refused to come out and do anything about it. They say it is a civil matter. Law enforcement just seems non-existent nowadays. What recourse do I have? Needless to say, the neigbor is arrogant and unapproacheable.

Asked on July 17, 2012 under Real Estate Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

If their equipment is on your property--then its a trespass.

If their equipment is blocking access to, but not on your property, it's probably a nuisance.

Trespass is both civil and criminal, while nuisance actions are purely civil.  Police departments nowadays like to think everything is civil unless someone is dying.  Go to your local court house's civil self-help window and learn more about filing an action for trespass and nuisance.  Unfortunately the court's self-help website has nothing helpful about nusiance and trespass actions.  You can find your way to a CA Court self-help center here: http://www.courts.ca.gov/selfhelp.htm

If you can't get help from them, or feel more comfortable--consult with a local attorney about your possible case.

Best of luck.


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