How Do I Stop My Neighbor From Taking Down My Fence if the Courts Are Closed?

Updated on August 4, 2023

Summary

This article discusses the scenario where a neighbor attempts to remove your fence, especially during a time when courts might be closed or operating in a limited capacity.

• If your neighbor tries to remove your fence, the first step is to approach them calmly and request them to stop so that you can discuss the matter. If you have a survey of your property, show it to your neighbor to clarify the boundary line.
• Document the process with a video or photographs as you might need it for evidence later.
• If the neighbor refuses to stop, the next step is to call the police. Even if the police claim they have no jurisdiction because it is a “civil matter”, most people will be reluctant to continue removing the fence once law enforcement is involved.
• If court intervention is necessary, you may need to obtain a temporary restraining order to prevent your neighbor from removing your fence. Even with limited operations, most courts are still hearing emergency matters such as temporary restraining orders.

State Emergency due to Pandemic

In March 2020, the Governor of California declared a state of emergency due to the coronavirus pandemic. In response to the state of emergency, the government issued various executive orders that require citizens to stay home and comply with social distancing standards. The government also issued executive orders banning public gatherings. To comply with these orders, many Courts in California are either temporarily closed or operating in a very limited capacity.

Neighbor Removed My Fence

With more time at home, it might seem like the perfect opportunity to tackle that home improvement project you have been putting off. However, what do you do if your neighbor has the same idea and tries to remove your fence, believing that he or she as a right to?

Can i remove neighbors fence on my property?

If that occurs, you might ask yourself what you can do to stop your neighbor from tearing down your fence if the Courts are temporarily closed?

Show Copy of Survey

First, you should calmly approach your neighbor and politely request him or her to stop so that you can discuss the matter. If you have surveyed your property, it would definitely be helpful to have a copy of your survey in hand to show your neighbor the location of the boundary line. It may also be a good idea to document the process with a video or photographs, as you will likely need it for evidence later.

Call the Police

If the neighbor refuses to stop, the next step is to call the police and let the neighbor know that you have done so. The police may take some time to arrive but when they do, explain the situation to them and show them the survey, if you have one. The police may ask the neighbor to stop or claim they have no jurisdiction because it is a “civil matter”. However, even if the police characterize it as a civil matter, most people will be reluctant to continue removing the fence once you involve law enforcement. If it is possible, ask the police officers on the scene for their contact information and request a police report.

Court Intervention

If court intervention is still necessary, you may need to obtain a temporary restraining order to prevent your neighbor from removing your fence. Even though courts have limited their operations, most courts are actually still hearing emergency matters such as temporary restraining orders. Thus, you may still be able to seek judicial relief, depending on what county you reside in. For example, in Los Angeles, courtrooms are still open for civil temporary restraining orders and ex parte proceedings.

Schorr Law has extensive experience with all types of boundary disputes, including, but not limited to, disputes involving fences. Don’t wait to contact an top rated real estate attorneys in Los Angeles until after the stay at home order is relieved.

Contact Schorr Law today and schedule a consultation to speak with one of our Los Angeles Easement Attorney for assistance with boundary disputes, including those involving fences. To see if you qualify for a 30-minute consultation, please contact us by phone, email, or send us a message through our contact form.cc