Legal Question in Civil Litigation in California
The fence between my neighbor's house and my house id falling apart. It is a wooden fence about 13 years old. We live on a hill so there is a a downgrade on his side. He has agreed to replace the fence with me only if I remove the 3 trees between our properties. They provide privacy between our homes. He will not budge even though I have told him that I will place a new and improved retaining wall on my side (since he thinks the trees are the problem). There are many houses on our street with trees between them who have retaining walls and then wooden fences.
He has 2 dogs that have come to our side through the old fence and I am worried about my 2 kids in the back yard. I have tried to reason with him many times but he does not care and told me if the dog comes to my side it is not his problem because I don't want to remove my trees.
Do I have to remove the trees?
1 Answer from Attorneys
No. And if it is a "good neighbor" fence, meaning one right on the property line that was originally built to serve both properties jointly (usually be the developer) or a replacement of such an original fence, you can replace the fence yourself and sue him for half the reasonable and necessary cost.
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