Legal Question in Real Estate Law in California
Dispute between Neighbors
My neighbor and I have shared a fence between our properties for 18 years. Wind storms blew the fence down several months ago. My insurance company paid for my half of the fence. My neighbor had no insurance for his fence. Now he refuses to pay for replacement and says that he does not want a fence. He also says I may not replace the fence to its original position because half the fence would be on his property and he refuses to allow that. Can I force him to pay half? If not, can I replace the fence to it's original position?
2 Answers from Attorneys
Re: Dispute between Neighbors
I dont think you can force him to pay for half but you can put up a fence as long as it is on your property.
Re: Dispute between Neighbors
California law provides that the cost of fence on property line must be paid for equally by both parties, if the fence is a common fence. Your circumstance appears to fall within this provision. Go to your local library and look in the set of books on California Real Property Law by Miller Starr. This work has a section that addresses your situation.
You should also consider the potential effect forcing your neighbor to pay one half of the cost of the fence will have on your relationship with the neighbor. This could make living in your home very unpleasant for you and your family. Sometimes the personal relationship is worth more than the money. A friendly non threatening conversation with your neighbor may allow you and your neighbor to come to a mutual agreement.
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