Legal Question in Real Estate Law in California
Orig.Question: If a neighbor decides to buy the house from their landlord, can they force me to pay for 1/2 fence replacement now? I've repaired part of it previously, they have a short cyclone fence on their side next to the old wood fence & only want to replace it now they've decided to buy the property. I cannot afford it. Especially if they get contractor quotes & aren't looking for least cost alternatives, I suggested I would help with labor. I apologize, Anthony, for not giving the info. you needed.
1. I don't know for certain, but it appears the wood fence is on the property line between our homes. I believe this means a "boundary fence".
2. Currently the owner of my neighbor's home is a landlord, I have never met him & have no agreement with him for the fence or anything else.
3. I don't know when the fence was installed, long before I moved in, which was 05/2009.
4. My neighbors have recently, 2014, decided they are buying the home next door. Now they are asking me to pay for 1/2 of the replacement of the fence, although a friend & I repaired the back section of the fence in 2010, which is sturdy. I believe only the center 1/3 is in need of repair at this time. Because they are buying the home, I can only surmise they are trying to force me to pay right now, although this is an extreme hardship. I simply cannot afford it right now. The fence has been the same, except for my repairs, for over 5 years.
5. We have no agreement, they've been renting the home for many years. They've never said anything about it until now.
6. The woman next door told me she's having "the fence company" come over this week. I have not agreed to any company, much less a full retail contractor. I have offered my labor since I told the woman I cannot afford to pay anything. She advised Bob, the neighbor on the other side, did the work himself, with a crew and it came out nice. I don't believe I should have to accept whatever bid she gets, especially since she's not the owner as of now.
7. What can I do to minimize the expense? I am willing to make the center section sturdy, like my friend & I did for the back section. She's talking about replacing the whole thing.
8. I will be looking & taking pictures this evening after work, but I believe they have a short cyclone fence on their side, next to the wood fence. Does that matter? Perhaps the cyclone fence is their responsibility & the wood fence would be up to me & them, since they have "use" of it? I'm completely confused, overwhelmed and upset since I cannot afford anything extra now. My hours have been cut back & I was just notified that my roommate is moving 09/01/14, giving me $500 less per month.
1 Answer from Attorneys
If the fence is on your property, it is your fence, unless someone has encroached and built a fence on your property. It is your responsibility to maintain your own fence.
In the same fashion, a fence on your neighbor's property belongs to them, unless you or a previous owner of your property has encroached and built a fence onto their property. In the same line of reasoning, your neighbor's fence would be their responsibility.
As pointed out by Mr. Whipple, yesterday, Civil Code section 841 provides that adjoining landowners are jointly responsible for maintaining common boundary fences, absent any agreement between them to the contrary.
At this point, I advise against assuming that this a common boundary fence. You need to clarify where the property line is, and be sure whose fence it is. This may require a surveyor.
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