Legal Question in Real Estate Law in California
boundaries and fences
My husband and I bought new house (on elevated lot) in new community 3 1/2 years ago. The builder did not provide fence separating our backyard and neighbor�s sideyard. We agreed with neighbor to split cost to install wrought iron fence; it was mutually decided to put it on flattest part of land before the land sloped down, without having determined legal parcel boundaries. My husband and I have recently decided that we need more privacy than what fence gives us and would like to build 6� block wall. We discovered that our lot actually extends 2� past where wrought iron fence sits and would get land surveyor to confirm this. The neighbor has refused to build--name removed--block wall on the property line, much less pay for half of it. Can the neighbors prevent us from building block wall on our side of property line? Since they paid for half the wrought iron fence which will not be used, do we have to reimburse them? If they want to use it, are we obligated to install it?
1 Answer from Attorneys
Re: boundaries and fences
You have one of those "nobody wins" questions. You have the right to build a block wall fence on your side property line, but you might have trouble getting the neighbor to pay for half. On the other hand, they would have a hard time forcing you to reimburse them for the iron fence.
This type of case will only lead to hard feelings and bitterness between neighbors. Talk to them regarding your reasons, but don't try to get them to pay half (a second time) for something they don't really want.
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