Legal Question in Real Estate Law in California
neighbors fence-no agreement to shared cost
My neighbor hired a contractor for our fence. I disagreed with the estimate because the contractor did not break out the cost of the retaining wall and the remainder of the fence. I refuse to pay for the retaining wall portion because it holds her dirt, it's her cost. There was no contract between us except a verbal agreement to pay $1000 at $100 per month. She hired the contractor, paid him and now wants me to pay for half the cost, total $3000, my share, $1500. I believe she: 1- did not get my permission to proceed at that cost, 2- assumed i would agree to pay for half of the total, 3- thinks that the retaining wall is part of the shared cost, 4- thinks I have money for these expenses. I have paid $100 for the past 2 month, total $200. my question: 1- i disagree with her, what happens if i do not pay beyond the $1000 agreement? 2- if she takes me to small claims court, what happens and what do i need to bring as evidence? 3- if she continues to harass me, what legal recourse do I have? 4- what can I do to protect myself if I am vandalized?
thank you for any help,
--name removed--Imura
2 Answers from Attorneys
Re: neighbors fence-no agreement to shared cost
Ah, the old shared neighbor fence, the bane of peaceful existence in many situations. They guide, I had to neighbors over many years in there were in never any problems with the fence. In fact, both of them always did more than the than I appreciate their handy, do-it-yourself, love and they gave to the property. But we're worried about your situation. Very good questions. What evidence you bring, hopefully you won't have to bring anything but you'll never get to court. In the situation you might wish to consult an attorney to give you personally vice and agree on a game plan that hopefully will work. Not to in actuality defend your position or negotiate with the neighbor, although that might be wise. You what a real estate attorney who understands what your rights and responsibilities are. The retaining wall is a very interesting situation. I take that there is a common fence and there is another portion dealing with the retaining wall, connected to work contiguous with the common fence that is there to hold up some dirt to protect her backyard. If that is the case that is her responsibility only. I would write your letter explaining again what you'll agree to do. That will be admission against interest which can be using court against you. What will do though he is show exactly what to a gray dawn $100 a month for ten months when $1000, or whatever the figures were for you're one-half of the common fence. Now word common is the key here. I would continue to pay that to show good faith in the you're living up to the agreement. If you stop paying than it will not to Julie good position if you aren't a courtroom. I don't know what you mean by her harassing you. If that persists and she does not stop after you ask her to in writing, and do not make such a letter a vehement, mad letters but just a reasonable request to stop what is in actuality turned harassment. Hopefully you are not claiming harassment with you're really isn't any in you're being overly sensitive. Seek the aid of an attorney to write a letter and explained she needs to stop this "harassment". Both lose his answer your question.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: neighbors fence-no agreement to shared cost
I think your position is correct and defensible, but my opinion is formed without seeing the wall or knowing much about how the reconstruction cost would fairly be apportioned.
If the matter goes to small claims court, you should have clear and well-labeled photos to show the judge (and neighbor).
Harassment has to rise to a pretty intense level before the courts will do anything, but when it does you can apply for a restraining order. The procedure is rather simple and you can download a packet of information (or pick it up at the courthouse) and handle the application yourself.
Refer to Code of Civil Procedure section 527.6 for the statute governing restraining orders for harassment.
If there is vandalism, that is a matter for the police and should be reported.
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