Vartanian

FACTS AND PROCEDURAL HISTORY

Introduction This matter arose from a dispute between Vartanian and Swalef, who own neighboring property parcels on the west side of Highway 41 (frontage road), south of Avenue 12, in Madera County. Swalef purchased his property in December 2003 and Vartanian acquired hers in April 2017. Swalef’s property is situated south of Vartanian’s. Swalef’s property is two-thirds of an acre in area and has a 3000-square- foot structure on it; it is leased to a used-car dealership. Vartanian’s property is an empty lot, approximately three-quarters of an acre in area. Vartanian’s property is fenced on some sides with a cyclone or chain link fence. The property line between her property and Swalef’s is partially fenced: there are short fences on the eastern and western ends of the property line, but the middle portion is unfenced. The area along Highway 41 where the properties are located is zoned for both commercial and residential use. Upon acquiring her property, Vartanian was concerned that vegetation (mainly, a row of bottlebrush bushes) growing along the boundary of the two parcels was encroaching onto her land. Vartanian was concerned about the…