Legal Question in Civil Litigation in California
Fence built by one neighbor without approval to pay given by the other neighbor
My mother is 74 and a widow. A neighbor next door asked her to pay half of a new fence about 2 years ago. The original fence was fine as far as my mother goes. She doesn't have any animals in the back yard and the fence was standing. She told her neighbor that she couldn't afford it due to the fact that she's on a small, fixed income. The fence issue dropped. Then, six months ago her neighbor told her that they were putting up the fence themselves. There was no discussion of my mother paying anything. Once the fence was built, they came over asking for half the money. My mother was upset but wanted to keep peace. She told them she'd pay what she could. She gave them $375. They sent a letter back stating they wanted $200 more. My mother is feeling taken advantage of. She agreed to pay the $200, but mentioned in the letter that any future work of any kind needs to be agreed upon prior to the work occuring. Did we do the right thing? Was my mom obligated to pay since it was between the homes? The neighbors have two dogs and they keep piles of junk and cars on their driveway which is now hidden behind the fence. Basically, they are the ones that needed and desired the new fence. Thank you for your response.
1 Answer from Attorneys
Re: Fence built by one neighbor without approval to pay given by the other neigh
Thanks for your inquiry.
The only way that the neighbors can force payment of half of the cost of a fence is if there was an agreement (a contract of some sort, either oral or written), to pay for half of the fence.
From what you've told me, there was never an agreement to pay for half of the fence, and your mother finally capitulated only after being pressured to do so. The money has been paid, but the other party would not have prevailed in court unless they can show agreement, even if the fence benefitted her in some way, which is unlikely.
I hope this answer helped you, but if you need clarification, have any questions, or want legal assistance, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can, and I wish you best of luck.
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