Legal Question in Construction Law in California

Re: Fence

You indicate the fence is between your respective yards. Is the fence on the line, on your side or on his? It will be important that your neighbor is aware of the repair work since you indicate he has two dogs and you may be responsible for problems if the persons repairing or replacing the fence are injured. If the fence is on his property, build your own, new fence. Save later hassle. If the fence is on your property, you need no approval with exception of permission and restriction on the dogs, to allow your workers to repair the fence if they need to get on his side. If the fence is on the line and it is critical it is repaired, ask permission to get on his property, get the repairs done and go to small claims court. Possible solution.

Re: Fence

I take it in that you want this letter because you don't want to "confront" your neighbor in person. Sounds like he doesn't want to cooperate at the outset. There is no formal letter and under lob both parties were there is a shared fans are responsible for maintenance and upkeep. Hopefully there can be some cooperation between you. I speak from past experience not only as an attorney for over 30 years with but as a homeowner with fences on both sides of my yard. If he refuses to cooperate for just understand that there is legal recourse in terms of the Small Claims Court where no attorney is allowed except if they are a party to an action. My advice would be to build the fence, save all receipts, again present them to your neighbor for payment of 1/2 and if he refuses to him in Small Claims Court and see what that court will hold. Write a letter first telling them what you intended to if he does not cooperate and pay for 1/2 of the fence.