Neighbor Dispute Legal Guidance

Summary

In a neighbor dispute involving property damage and code violations, liability depends on proving negligence or fault. If your neighbors shed violates county codes and is in poor condition, she may be responsible for its removal. If the sheds condition is due to age and not your actions, it may be difficult for her to prove liability. Document all interactions and evidence of the sheds condition. If she makes false claims, gather witness statements and evidence to challenge them in court. Consult a local attorney for personalized advice.

Full Conversation

Sacramento county. I got mad at my neighbor and tossed poo over the fence behind her greenhouse. The problem is that she put it so close to the fence that it's hard to remove the poo. We sent a handyman over and he came up with a great solution that would work. She demanded that we do all these outlandish things like build a device that will prevent me from throwing poo. City codes dictate that the fence can't have anything attached, especially over * feet. She also is demanding that we replace the fence with tongue and groove which is way more expensive and is not currently part of the fence. To solve the issue we called her greenhouse into code because it's sitting in a fire break zone. She is now threatening to sue us for the cost of the removal of her shed. Are we liable to pay the shed removal and set up since she was breaking the county code? Her shed is also very old with duck tape and rust. I know she is going to say it's our fault it broke and she can't put it together.
Thank you for providing detailed information. Here are some points to consider regarding your situation:
- If your neighbor's shed violates county codes, she may be responsible for its removal.
- Liability for damages depends on proving negligence or fault. Her shed's condition may impact the outcome.
- Document all interactions and consult a local attorney for specific advice.
Would you like information on local attorneys or the nearest courthouse in Sacramento County?
Explain: Liability for damages depends on proving negligence or fault.
Liability for damages hinges on establishing negligence or fault. This means proving that:
- A duty of care existed.
- There was a breach of that duty.
- The breach caused damage.
- Actual damage occurred.
In your case, the neighbor's shed's condition and code violations might affect liability. Would you like more information on local attorneys or the nearest courthouse in Sacramento County?
Give me an example o don't understand. We didn't make her break the county code and put it there.
I understand that you are looking for clarification on proving liability in your situation.
To explain with an example:
If your neighbor's shed was already in poor condition and violated county codes, and you did not cause that condition, then it might be challenging for her to prove that you are liable for the damages.
Would you like more information on local attorneys or the nearest courthouse in Sacramento County?
I'll give an example. So if her she's is in poor condition with duck tape, discolored panels, rust, warped plastic and a bunch of trash in it. Then if it's removed and a panel snaps, we won't be responsible? It was built in *, how long are they supposed to last?
Thank you for providing the details. Here are some points to consider:
- If her shed is in poor condition and you did not cause that condition, it may be difficult for her to prove you are responsible for any damages.
- The lifespan of sheds can vary, but generally, they may last around *-20 years depending on materials and maintenance.
Would you like information on local attorneys or the nearest courthouse in Sacramento County?
The condition would be if a plastic panel snapped because it's old.
Thank you for providing more details. Here's some information:
- If a plastic panel snapped because of its age, and not due to your actions, it may be difficult for your neighbor to prove you are liable.
- The lifespan of plastic panels can vary, but typically they last around *-15 years with proper maintenance.
Would you like information on local attorneys or the nearest courthouse in Sacramento County?
She's going to say it's our fault because we forced her to move it.
The key point here is whether you forced her to move the shed or if it was her decision due to the code violation. If she moved it voluntarily due to the violation, liability may be challenging to establish.
Would you like information on local attorneys or the nearest courthouse in Sacramento County?
My husband gave her the choice of using th handymans suggestion or having us call the county. She said some nasty words to him, so he called it in. He didnt ask her to move it, he wanted to use the handyman's suggestion. Instead because of her temper he didn't want to talk to her and just called it in to the county. They intern sent her a notice.
Thank you for sharing more details. Here are some key points:
- If your husband gave her a choice and she chose not to comply, leading to the county's involvement, it may not be your fault.
- Her shed's condition and code violation could impact her claim.
Would you like information on local attorneys or the nearest courthouse in Sacramento County?
It may not be our fault. Explain
Thank you for providing the details. Here's an explanation:
- **Duty of Care**: You and your neighbor must act reasonably to avoid causing harm.
- **Breach of Duty**: If your actions did not directly cause the damage (e.g., the shed's poor condition or code violation), proving a breach may be difficult.
- **Causation**: The shed's poor condition and her failure to meet code requirements play a significant role.
- **Damages**: Actual damages must be proved and linked to a breach.
Would you like information on local attorneys or the nearest courthouse in Sacramento County?
What if she purposely breaks lots of plastic?
If she purposely breaks the plastic to claim damages, it may be considered fraudulent behavior. Document all interactions and evidence of the shed's condition. Fraudulent claims can be challenged in court. Would you like information on local attorneys or the nearest courthouse in Sacramento County?
How can we fight against that, she lies
To address false claims by your neighbor:
- **Document Everything**: Take photos and videos of the shed's condition before any removal.
- **Witness Statements**: Collect statements from anyone who saw the shed's condition and interactions.
- **Fraudulent Behavior**: If you have evidence of intentional damage, present it in court.
Would you like information on local attorneys or the nearest courthouse in Sacramento County?
So she could still win a suit if the plastic panels break?
If the plastic panels break due to their age and poor condition, and not because of your actions, it may be difficult for your neighbor to win a suit. However, her success could depend on how well she presents her case and the evidence provided.
Would you like information on local attorneys or the nearest courthouse in Sacramento County?