Legal Question in Real Estate Law in California
Boundary Fence
The fence on the property line with our neighbor fell over during a wind/rain storm. The conclusion that my neighbor has come to is that because vines growing on the fence from our property side were so overgrown and heavy (he kept his side cut back) they made the fence fall over. The fence was almost 30 years old and just about all the other 12 homes on the block have replaced their fences within the last 2 years. The fence is used to enclose his backyard, not ours. Is it neglect on our part? Are we responsible for replacing the entire fence?
1 Answer from Attorneys
Re: Boundary Fence
There is a civil code that states both parties are jointly responsible for maintenance of a common fence. If you do not enclose your yoard by any other fence, then you may have no responsibility at all (you indicated that the fence is used to enclose his yard, not yours.)
The burden of proof would be on him if he claimed that the vines caused a 30 year old fence to fall over. That would be tough. Chances are you are both responsible for maintaining the fence.
CC Section 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.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
