Legal Question in Real Estate Law in California

I live in a townhouse and share a fence with the neighbour. They are tenants of that rential property,

The fence is broken and tenant's dog can get into our paito all the time. we contact property owner several times and never got a response.

we would like to replace the fence, how can I ask the neighbour to share the cost? what is their responsibility?

Due to landlord's negligence, can I sue him for damage to our family member, property and patio plants caused by the falling fence or unleashed dogs from the tenants.


Asked on 8/05/11, 2:29 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First thing I would do is look into any CC&Rs;(covenants, conditions and restrictions) or rules imposed by any homeowner's association (HOA) that may control fences and fence repairs.

California's statute on fence-maintenance liability (Civil Code section 841) is not very useful. It was written in 1872 when most people with fences were farmers or ranchers and either wanted to keep livestock in, or out of, their property. The law requires participation in the cost of boundary fences only by a neighbor who completely encloses his own property. Since there is a dog over there, maybe that property is fully enclosed by fence (or buildings). If so, then statutorily they must participate. Otherwise, no.

Temporarily, you might want to get some plastic-mesh deer fence and staple it over the openings to keep the dog out. I use black plastic mesh fence to exclude deer from my hobby vineyard, and it is cheap, easy to install and works fairly well. Try Benner's Gardens (on line) as a source.

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Answered on 8/05/11, 5:27 pm


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