Legal Question in Civil Litigation in California

building a block wall, neighbor won't pay half, but wants to use my wall

I'm putting up a new block wall. Asked neighbor to go in half of the cost. She

said she wouldn't pay anything. But she is going to utilize my new block wall by

putting up a wrought iron gate on her side of the property. I had heard years

ago on the People's Court when Judge Wapner was on. He said that since the

neighbor had ''utilized the block wall'' by putting up a permanent kicker off of

the wall, the neighbor had to pay half of the cost of the wall. Do you know what

statue this would be under? Or if this is true?


Asked on 2/08/06, 1:23 am

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: building a block wall, neighbor won't pay half, but wants to use my wall

Hello. There is no specific statute or code that "compels" your neighbor to contribute if you erect a fence. You need the neighbor's consent to intrude into their yard beyond the current intrusion-I assume the fence is or will be along the property line. You will need a land survey to deternmine the true fence markers/property line.

If you put the fence solely on your side of the property line and the neighbor affixes or attaches, that is a technical trespass that you can seek (nominal) damages for or a restraining order.

Your neighbor sounds like a dud! Put up a very ugly fence on their side and a pretty one on your side!

Good luck

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Answered on 2/14/06, 6:37 pm


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