Neighbor & HOA Disputes
Neighbor & Property Dispute Attorney - Santa Cruz (Boundary & HOA)
Conflicts with neighbors or disagreements with a homeowners association (HOA) can quickly turn from an annoyance into a serious legal problem. Whether the issue involves a property boundary, shared fence, overhanging tree, or HOA enforcement, these disputes can affect your property rights, quality of life, and even your home's value.
As a Santa Cruz neighbor dispute lawyer, James C. Eschen works to resolve these issues efficiently-often without the need for costly and drawn-out litigation.
Common Neighbor Disputes
Neighbor disagreements take many forms, but they all share one thing in common: they can disrupt your enjoyment of your property. Common examples include:
- Fence placement disputes or disagreements over shared fence costs.
- Overgrown or dangerous trees encroaching onto your property.
- Noise or nuisance issues that violate local ordinances.
- Obstructed views or blocked access caused by construction or landscaping.
- Pet-related conflicts or repeated property damage.
Boundary & Fence Issues
California's Good Neighbor Fence Law generally requires adjoining landowners to share the cost of building or repairing a boundary fence-provided proper written notice is given. Disputes can arise when a neighbor refuses to share the cost or places a fence over the actual property line.
We can:
Review surveys or arrange for a new one to confirm property boundaries.
Demand removal or relocation of an encroaching fence.
Pursue a quiet title action if necessary to establish your ownership rights.
Trees & Landscape Conflicts
Under California law, you may trim branches or roots from a neighbor's tree that cross into your property-so long as you do not harm the tree. If a tree is at risk of falling or is causing damage, your neighbor may be liable for repairs.
In Santa Cruz, certain heritage tree protections or view-related ordinances may also apply, particularly in coastal or hillside neighborhoods. We can evaluate your situation and send a legal notice to compel action or recover damages.
HOA Enforcement & Disputes
In HOA-governed communities, disputes can arise between residents and the board, or between neighbors over rule violations. We represent homeowners in cases involving:
- Unfair or selective enforcement of HOA rules.
- Improper fines or assessments.
- Neighbors violating CC&Rs (covenants, conditions & restrictions) without HOA intervention.
We ensure the HOA follows California law and its own governing documents, and can help challenge improper actions or defend against unwarranted claims.
Our Approach to Neighbor Disputes
Not every dispute needs to end in court. Often, a strongly worded letter outlining the law can bring a quick resolution. If that doesn't work, mediation can be an effective, less adversarial way to settle disagreements-especially important when you'll still be living next door to the other party.
When litigation is necessary, we can pursue nuisance, trespass, or injunctive relief to stop harmful conduct and protect your property rights. James's familiarity with Santa Cruz County codes-including fence height limits, tree regulations, and noise ordinances-gives clients a local advantage.
Neighbor Dispute FAQ
Can the HOA fine or sue me?
Yes, if its governing documents allow, but they must follow due process. We can defend you or work toward a resolution.
My neighbor's hedge blocks my view-do I have a right to demand trimming?
Santa Cruz generally does not grant a legal right to a view, unless local ordinances or HOA rules specifically address it. We'll review your documents and advise.
Their water runoff is flooding my yard-what can I do?
A neighbor cannot unreasonably divert water onto your property. We can seek an injunction or damages to require them to stop and fix the problem.
Protect Your Property Rights
Don't let a neighbor or HOA dispute escalate unchecked. We offer practical and effective solutions to resolve boundary, nuisance, and HOA conflicts.
55 River Street, Suite 100, Santa Cruz, CA