Legal Question in Real Estate Law in California

The receiver is only appointed to collect rents and profits. He doesn't have any other interest in the property, and he cannot speak on behalf of the owner. You need to speak to the owner prior to foreclosure, and the purchaser at the foreclosure sale after foreclosure. These time frames are going to depend on whether it is a judicial foreclosure or a nonjudicial foreclosure through a trustee's sale.

Unfortunately, the owner or receiver of the commercial property may have no responsibility to share the cost of the fence. Civil Code section 841, subpart (2) is the ONLY statute bearing on the sharing of boundary fence costs, and it imposes cost-sharing only when the owner being asked to share the cost has chosen to enclose his parcel with fence or something that acts to create an enclosure. If the commercial property is open, say, along the street, it would not meet the criteria of Civil Code 841(2) and the handful of appellate cases interpreting it.

This law dates back to the original enactment of the Civil Code in 1872, and was part of prior law. I do not agree with it, and have tried to get the Law Review Commission interested in giving the Legislature something more suitable to the needs of the 21st Century to study and enact, but no dice. CC 841 maybe met the needs of an agrarian society, where most fences were intended to keep livestock in, or out, depending on whether you were a rancher or farmer, but doesn't work intelligently in an urban setting.

However, for now, it's the law of the state.