Legal Question in Civil Litigation in California

My neighbor is threatening "litigation for damages" if I don't pay 1/2 of his estimate for new fence between our yards. On 5-1-09 he put note in my mailbox asking for $910 to cover my 1/2 of new fence he wants to put in. I replied that I was laid off in January and was in no position to contribute to the cost of a new fence. He dropped notes in my mailbox on 5-18-09 and 8-24-09 with attached promissory note for me to sign and promise to pay him the money within a year. I ignored these notes as my situation has not changed and I won't promise anyone any money now or in the future. There are a couple of areas of the fence that need repair but I have no money to contribute. Does he have any grounds to sue me for any damages? I want him to leave me alone and stop sending notes and threat of litigation. Thank you.


Asked on 11/09/09, 3:30 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You need to determine if the fence does run along the boundary line between the two properties. If it is entirely on one lot only, then that property owner may be solely liable. If it is on the property line, you both have an equal obligation to maintain it. Take detailed pictures of the entire wall and ask your neighbor if you can also do so from his side of the fence.

Send him a certified letter explaining your economic situation to him, that only a few areas [total size, percentage of the entire fence] need repair but you can not afford right now to pay for that but will be willing within a few weeks of gaining a permanent work position pay you on an installment plan. He does have the right to sue you for contirbution.

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Answered on 11/14/09, 10:23 am


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