Legal Question in Real Estate Law in California
fences
Our neighbor has done some remodeling & decided to rebuild a perfectly good fence that had alternating fence facing and asked us to pay for 1/2, since the fence post and planks were still in good shape we declined recognizing that when the fence did need repairs we would pay 1/2 for replacement. Two days later he replaced the fence with fence fronts to his property. Now all the post face our property. Can this be done?
2 Answers from Attorneys
Re: fences
The answer to your question lies in whether this is a true party wall fence - meaning it is built on the actual property line and belongs to each of you 1/2. If this is a NOT a party wall fence you have no obligation to pay for anything and you really have no legal basis to have it look the way you want it to - it is a fence and it is to make a boundary it makes no difference whether the posts are facing your property or not unless maybe they have obscene writing on them or they do violate some type of HO regulations. SO is this on the property line? Or do you even know? Most tract homes have party fences but others not so this is a must find out before you act any further. Please feel free to contact me with reply and further advice.
Regards
Re: fences
Offhand, I don't know of any law on this specific subject, either statute or case law. My hunch is that the esthetic design of fences is up to the builder-payer, and that a court would decline to become involved, leaving the parties "where it found them," as the saying goes. It's possible there could be local ordinances or CC&Rs in your town or neighborhood covering the design of fences.
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