Legal Question in Real Estate Law in California
Neighbor Built New Fence - Do I Have To Pay???
My mother's neighbor built a new fence a few years ago. He originally asked for money, but since there was nothing wrong with the fence (it was not damaged in any way) we refused to pay. He said that he wanted a new fence anyway to match his other fence, and he would build it without any money from us. Now my mother is selling her home and he is taking her to small claims court for money for this fence. She never agreed to its construction since the old fence was in fine condition. He also built the kind of fence he wanted without getting any written estimates from other contractors or without discussing it with my mother first. Now he is taking her to court for $2000 for her half! Is she really responsible for paying this money since he did this all on his own?
2 Answers from Attorneys
Re: Neighbor Built New Fence - Do I Have To Pay???
She does not have to pay a dime.
Re: Neighbor Built New Fence - Do I Have To Pay???
The law regarding common fences requires that the property owners of the common fences must each pay their proportionate share.
However, it would appear that your neighbor waived his right to collect one half of the cost of the fence. She should take all those who heard the neighbor make this statement with her to small claims court.
At the small claims trial bring out the following:
1. the type of fence;
2. the time the fence was built;
3. the date of the first demand from the neighbor for her to pay 1/2.
4. the match of this fence with the other fences, take pictures of both fences.
Check to see if there is a small claims court clinic, in your area to help her prepare for the trial.
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