Legal Question in Real Estate Law in California

Fences between properties

I have a wooden fence on three sides of my residential property separating residential properties on all three sides.

One side is falling down and in need of repair. The fences ''post'' side is facing my property with the ''smooth'' side facing the other property. Who is responsible for this repair?

Also, if it is the owner of the other property who is responsible, then if injuries occur on my property because of the fences disrepair, who is liable for this?

Thank you,

Ed Gutierrez


Asked on 4/13/05, 8:02 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Fences between properties

California civil code makes both parties equally liable for the cost of repairs or replacement of the fence. Direction of the studs or flat side is irrelevant. You would probably both have liability for injury caused by the fence.

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Answered on 4/13/05, 8:22 pm


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