Legal Question in Real Estate Law in California
My home was purchased prior to a golf course being built. I have had problems with inebriated golfers as the golf course served alcohol. They stopped selling alcohol , but have since resumed. I am putting in a swimming pool & I am once again having problems with inebriated golfers as my home is by the second tee. I have teenage granddaughters who have had run ins with the golfers. (I have called & reported these problems to the golf course, so many that my phone is now blocked) I've always had a chain link fence, but want to install a brick wall to keep these loud golfers out of sight & my children safe from innuendo remarks. The golf course is owned by the city. My question is does the city have an obligation for a portion of the cost. I live in California if that matters
3 Answers from Attorneys
The city has no obligation to install a wall on your property.
I'd say no; the only state law requiring sharing of boundary fence costs is Civil Code section 841, which requires a land owner to share costs of installation and maintenance if and only if the neighbor being asked to share chooses totally to enclose ("inclose" in the law) his land. Since the perimeter of the golf course is almost certain to have some "open" (not fenced) stretches, I'd say there's no duty to share costs. I'd suggest, however, that you explain the situation (in writing) to either or both the golf course management and the city attorney, and ask whether they would participate in the costs.
I agree you have no right to make the costs shared. It sounds like you may have grounds for a nuisance lawsuit, however, which could well be settled by requiring the city to put up all or at least some of the costs.
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