Legal Question in Real Estate Law in California

Re: Boundary Fence

As indicated by Mr. Koenen, CC section 841 does require your neighbor to pay 1/2 the cost of the fence replacement. However, he would likely be required only to pay for 1/2 the cost of a replacement (wood) fence and not 1/2 the cost of a brick or masonery wall. Because the son's actions damaged the current fence, you could argue that there was trespass and damage to the fence, requiring the neighbor (or his insurance company, if he has one and you allege negligence on the part of the boy and his parents) to pay for more than half, giving you enough to build the wall. All of that being said, you would likely need an attorney's assistance and that means spending money to get perhaps enough to pay the legal fees. I suggest that you reach agreement with the neighbor for him to pay 1/2 of a good quality fence if you can avoid getting an attorney involved.

Re: Boundary Fence

Please call to discuss. Need to look at all info to properly advise. Don Holben

Re: Boundary Fence

The Civil code is 841. Coterminous owners are mutually bound equally to maintain:

1. The boundaries and monuments between them;

2. The fences between them, unless one of them chooses to let his

land lie without fencing; in which case, if he afterwards incloses

it, he must refund to the other a just proportion of the value, at

that time, of any division fence made by the latter.