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How do I prevent a developer from taking down a fence between our residential properties while I am on vacation?

San Jose, CA |

A developer is building a house on the property adjacent to ours in San Jose. He already committed to taking down the old fence (the fence was fine, but old) and building a new one. We agreed to this. He determined that his property line is on our side of the fence by 10". We are not disputing this. He knows we will be gone on vacation for 3 days, and earlier this month agreed not to take down the fence while we are gone, but now has decided to do it while we are gone. We have dogs who will get out if he does this. What legal recourse do we have in postponing the fence destruction and building until after we return just a few days later? The developer throws a tantrum every time he doesn't get what he wants, btw, and has been impossible to reason with.

Attorney Answers 3


  1. Why don't you ask him to pay for your dogs to be Boarded for the 3 days you are gone. His workers will be safer, your dogs will be safer, and everyone gets what they want. That Was Easy.....

    I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.


  2. You could also ask the developer to put up a temporary fence in your yard until the new fence is completed. If he refuses, you could have it done yourself. It is not that costly and overall might be about equal to the cost of boarding your dogs.
    There is probably nothing you can do legally to stop the developer short of getting a restraining order. It would be far easier - and cheaper - to board the dogs or put up a temporary fence.


  3. Mr. Corson has suggested the only practical resolution I can think of. The other alternative would be to post security on the property who could call the police in regard to potential improvements of personal property and trespass or you could go to court and get an emergency restraining order prohibiting any action while you are gone. Either one of those alternatives would probably be impossibly expensive. Seriously consider Mr. Corson’s suggestion.

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