Legal Question in Real Estate Law in California
Fence being pushed over by neighbors trees
The fence seperating our property from the neighbors is generally in good condition. It is along the back yard of the neighbor's house and along the narrow driveway of our property. The trees from the neighboring house are pushing the otherwise good fence over where it is now infringing on passage of our cars in the driveway and leaning against a shed. Who is responsible for repairing/replacing the fence? I told the neighbor if he wanted to replace the fence I would split the cost. However, if I am not causing the damage, am I still responsible for repairs? If my trees were pushing the fence down on his property, I would feel as if it was completely my responsibility. Am I correct? What is the legal answer to this dispute?
3 Answers from Attorneys
Re: Fence being pushed over by neighbors trees
If the trees are his and are on his property, then, he has to pay. If on yours, vice verse. If on both, then you split the cost. Good luck and thanks for inquiring.
Re: Fence being pushed over by neighbors trees
First Question, is the fence on your property or your neighbors? If on yours and if his trees are affecting/encroaching on your property and your fence, etc., in California, your neighbor is financially responsible. If can work it all out without litigation, it is best as all litigation can be costly. Call me for more info if you wish. Don Holben 800-685-6950
Re: Fence being pushed over by neighbors trees
The answer may depend upon where the tree trunks stand. If entirely on the neighbor's property, they are his and he pays. If they grow on the boundary, the trees belong to both of you and you split the cost of repairs/replacement.
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