Legal Question in Real Estate Law in California

Re: Block wall

A neighbor must contribute to the cost to build and maintain the boundary fence only if he encloses his own property completely, on all other sides. Civil Code section 841(2), as interpreted by the Court of Appeal. So, if you built a wall on your boundary with Mr. X, Mr. X's duty to pay half depends upon whether the rest of Mr. X's lot is fenced or walled.

This is an 1872 law, left over from the days when fencing was to keep livestock in or out. It made sense then, but is due for overhaul in a largely urban world. Nevertheless, it is the only state-wide law on the books regarding payment obligations for boundary fences. There may be other ordinances or CC&Rs with local force.

Re: Block wall

It's is a complicated question, and a full and complete answer cannot be provided in such a small space and with limited facts.

In a nutshell, if this is a true boundary fence, then both adjoining landowners are equally responsible for the maintenance and upkeep of the fence. That means each must technically pay for half, and neither can interfere with the other's access to maintain.

But as a practical matter, it doesn't always work this way. Disputes result over what type of fence to put in, to replace, etc. People end up arguing over who gets to come onto the property as well.

The practical approach is probably to finish the job, present the neighbor with the final bill and ask him to pay half. When he doesn't, you sue. If the claim is large enough, you should have an attorney do it, because there are many technical legal issues involved.

Good luck.

Re: Block wall

A few days ago one of the other attorneys who answers questions o this site gave a detailed response to a similar question. His opinion was that because of a technicality in the law, unless you build walls so all four sides of your lot are enclosed,. your neighbor has no legal obligation to pay anything for your recent construction. After all, he was not able to make any decisions as to what the wall looks like, how high it is, etc.

The contractor going onto his property is a trespass but what damage was done? If it was just that he was upset, his filing suit would not be worth the time and money it will cost him, and you can get the contractor to pay for all or most of the damages. Also, would it be worthwhile for you to go to court even if you thought for some reason you have not given us, that you had a change to win? Why not try to remain peaceful with your neighbor by offering to drop your claim if he drops his and both of you will forget it and not mention it again. It probably would be best if you put the agreement in writing.

I am assuming that the homes are not part of some type of homeowners association, as those rules would govern the situation if it mentions it.