What are the initial steps to take if my neighbor's construction project is causing damage to my property in California?
If your neighbor's construction is damaging your property, you must immediately document the damage, notify the responsible parties in writing, and identify their insurance and bond information for potential claims.
Here are the initial steps to take:
Step 1: Document All Damage
Immediately take detailed photos and videos of the damage from multiple angles. Keep a written log describing the damage, the date and time you first noticed it, and any related events or conversations. This documentation is essential evidence for any future claim.
Step 2: Notify Your Neighbor and the Contractor in Writing
Send a formal letter or email to both your neighbor and the general contractor. Clearly state the facts, describe the damage to your property, include your photos, and request that they repair the damage and prevent further issues. Sending this communication via certified mail provides proof of receipt.
Step 3: Find the Contractor's Bond Information
Visit the California Contractors State License Board (CSLB) website. You can search for the contractor by name or license number, which is often displayed on a sign at the construction site. The CSLB record will show their surety bond information, which is a potential source for recovering repair costs.
Step 4: Contact Your Homeowner's Insurance
Report the incident to your own insurance provider. Your policy may cover the cost of repairs. If so, your insurance company will likely pursue reimbursement from the at-fault party's insurance or bond through a process called subrogation.
Step 5: Contact the Local Building Department
Call your city or county building department to inquire about the project. They can confirm if the construction has the required permits and is compliant with local codes. If violations are found, the department can issue a stop-work order until the problems are fixed.
Important details and nuances:
Under California Civil Code §832, property owners are entitled to lateral and subjacent support from adjoining land. Damage from a neighbor's excavation could violate this right. The construction may also constitute a private nuisance under Civil Code §3479 if it is causing excessive dust, noise, or vibration that interferes with your use of your property.
Warnings and limitations:
Avoid relying on verbal promises from your neighbor or their contractor; all agreements should be in writing. There are legal deadlines (statutes of limitation) for filing property damage claims, so do not delay taking action.
This is general information and does not constitute legal advice. For complex situations or if the responsible parties are uncooperative, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Real Estate
Housing, rental rights, and property laws
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