Legal Question in Real Estate Law in California

My neighbor and I share a common fence down the property line in our backyards. The fence is 18 years old and falling down. An 8 foot section fell completely over and is now held up by long metal stakes placed on either side of the fence. Boards are continuously falling out and the neighbor shoved a bunch of junk in the hole but now has put the boards back in place. Our side of the fence is now FULL of staples and nails sticking through from him trying to jerry rig it together. He and his wife have both admitted that the fence needs to be replaced but he wants it done on his terms. He wants to reuse the rotten boards, trim off both ends and put up about a 4 1/2 foot fence. This is unacceptable to us. We want a solid 6 foot fence for privacy. That is what he has on the other side of his yard and it is what we have on the other side of our yard. He doesn't care about the privacy because he has indicated that he is going to move and rent out the house. Needless to say we do not have a good relationship with these people. If we pay to replace the rotting, falling down, fence with a 6 foot fence can we sue him in small claims for half the cost? I have sent him an email asking to discuss the fence and he has not bothered to respond. I will send a registered letter in about a week as a followup.


Asked on 6/08/10, 12:14 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You can sue him, but I doubt you would recover. If you want the fence your way, you have to pay for it yourself. The person that installs the fence is the party responsible for paying for the fence.

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Answered on 6/08/10, 5:03 pm


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