Legal Question in Real Estate Law in California

Fence on the Property Line Dispute

I installed a fence on the property line 30 years ago. Recently my neighbor has damaged the fence. I asked to go onto their property to fix the damaged fence and they refused. Who is responsible for repairing the damaged fence?


Asked on 2/16/01, 9:49 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Fence on the Property Line Dispute

California Civil Code section 841 provides:

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.

I did some research to see whether there is some exception to the general principles of trespass to allow entry onto a neighbor's land to repair a boundary fence. Although it seems logical that such a technical trespass might be excused by some sort of implied easement, I find no decision or law to that effect. So, therefore, I conclude that going onto the neighbor's property without permission to maintain the boundary fence is a technical trespass, although it's hard to imagine a court awarding anything more than nominal damages for it.

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Answered on 4/02/01, 12:21 pm


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