Legal Question in Real Estate Law in California

community fence
i have a 35 yr. old common fence that seporates my and my neighbors proporties. the fence is rotten and falling apart.i have asked my neighbor to split the expense of replacing the fence with a new one ($1750.00). my neighbor says he can't afford it, and wants to leave it be. i'm going to replace the fence regardless of his decission to split the expense. my question is : does he have a legal obligation to help out with the expense of the project if the fence is rotten, unsafe, and a major eye sore to the neighborhood ? thank you..--name removed--(e-mail) [email protected]

Asked on 7/28/04, 10:50 pm

Ken Koenen Koenen & Tokunaga, P.C.

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Re: community fence

Yes he does have a legal obligation to pay for 1/2 of the fence.

Calif. Civil Code 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.

Good luck

Answered on 7/29/04, 11:27 am

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