Legal Question in Real Estate Law in California
A fence that has always been on my property needs to be replaced. I want to build a particular type of fence on my side the line with certain specifications. My neighbor is threatening to build an unauthorized fence and charge me rather than let me take care of it. What can I do to stop him short of calling the police when he tries to build it.
2 Answers from Attorneys
Each property owner is liable for 50% of any reasonable property line fence....and if you each build a fence right next to each other, you will each be responsible for 50% of each fence...maybe. If you can't agree, then a judge will make the decision for you.
When you say an 'unauthorized fence'? are you referring to city/county code or unauthorized by you?
oh, the police are not interested in civil disputes...
Mr. Lockhart is correct. The California Civil Code provides:
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.
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