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Right to Quiet Enjoyment of our home property

San Diego, CA |

We own a nice house, that we built, in a residential community (60% of city are renters). We, and 4 other close neighbors have had ongoing problems with a couple in their 60's who rent the home in front of ours. The husband is non-communicative and the wife appears eccentric/recluse. The husband works and the wife stays at home. Her habit is to constantly put out various bowls of food on the ground 24 hrs a day bringing in feral cats, skunks, possums, and raccoons. We have made yrly complaints to the Code Enforcement office and the owner has been cited. So, now this lady just hides the food in her yard (I have pictures). I tried talking to the owner and he just hung up on me. Is there a law or what type of steps can we take. We don't have full enjoyment of our property due
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Attorney Answers 2

Posted

Check to see if you have CC&RS recorded against the properties in the community. They may specifically preclude your neighbors actions regarding the animals.

Also, it sounds like your neighbor is creating a nuisance which the court can restrain.

I'd contact a real estate attorney and ask him or her send a firm demand to your neighbor to cease and desist or face injunction proceedings.

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3 comments

Asker

Posted

Thank u for your answer-u are my only one! There are NO CC&R;s as each home is part of a residential community with no HOA involvement. Do u believe going to a lawyer at this point is the best way to handle? Or should we try the City Code Enforcement Route again??

Daniel Kevin Gentile

Daniel Kevin Gentile

Posted

You can try code enforcement, but it is always hit and miss. You may want to speak with a lawyer and have a formal cease and desist letter sent. This can be very effective and can usually be done as part of a consultation fee.

Asker

Posted

What do you mean could be done as part of a consultation fee? Does that mean we could go for a free consult and then tell the lawyer to write the letter and pay for the time for him/her to write the letter.

Posted

Do you have evidence that you can show that the animals are causing trouble in you community? If none yet, better obtain this kind of evidence to support your case. Then I suggest that you hire a lawyer to assist you with this. Good luck

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1 comment

Asker

Posted

I have 3 other adjacent neighbors who would write some sort of complaint as it is interrupting the peace and enjoyment of their property as well. I have been able to take pictures of one area where the person is hiding the food. They have let a tree grow to the extent that it prevents seeing 3/4 of their backyard - so we were able to take pictures previously and submitted those to the Code enforcement office 1-2 yrs ago. The tree overgrowth now prevents pics being taken and also hides what they are doing. It is also a "fire" concern of ours as the house is VERY old and we just hope though the woman of the house is eccentric that she doesn't set anything on fire in her kitchen. Because of the Ferral cats she encourages and all the food she puts out for them I have taken pictures of "throw up" and feces all within our property. We have no pets - so are pictures such as that useful? This is really a pathetic and crazy situation. Would u recommend a personal injury or Real estate lawyer to write the Cease and Desist letter and why?

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