Legal Question in Civil Litigation in California

To pay or not to pay fence not privy or agreed to

Our neightbor, who built our current home states that we agreed to share 50% of costs of rod iron fence. He then stated that he would have it done cheaply by someone he knows of and that the entire job would not cost over $700 for the entire job. I then deferred him to my husband and stated to him that we have made many expenditures in puechasing the home, and also had had a terrible car acccident in which our car was totaled and we were incurring many medical bills. Then one day we noticed that the fencing was being placed. Whereupon I then asked my husband if the neightbor had talked to him about the fencing costs, and my husband stated that he had never approached him. The neighbor now states that I had agreed and is basically taking me to court on the issue. I never agreed verbally or otherwise. PS-He did the exact same thing to his neighbor on the other side of his. Please respond asap.


Asked on 8/15/00, 12:41 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: To pay or not to pay fence not privy or agreed to

Your story is unclear. Either you agreed or you did not. Even if you did agree, you cannot be held responsible for anything beyond the actual agreement.

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Answered on 9/19/00, 2:30 am
John Hayes The John Hayes Law Offices

Re: To pay or not to pay fence not privy or agreed to

Basically, it is your word against his. However, if you can get the neighbor who he did the same thing to testify on your behalf it will greatly increase your chances of winning the case. If he does in fact file a lawsuit against you please do not delay in filing an answer or you may automatically loose the case. In addition, the fact that you were in a major car accident could help to show that you did not have the financial means to agree to pay for half of the fence. I hope everything is going okay with your automobile accident case and you are getting the treatment you need and a rental car until you can settle the damage to the car with the insurance company. I specialize in personal injury and breach of contract law. If you need help filing an answer to the lawsuit or if you would like to speak with me regarding your auto accident please feel free to contact my office. I offer free, no obligation consultations. My toll free number is 877-546-9918 or you can email me at [email protected]. I hope everything works out.

Sincerely,

John Hayes, Esq.

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Answered on 9/19/00, 3:30 pm


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