Legal Question in Real Estate Law in California

Re: whose property is it?

Sue the neighbor in small claims court. Tell him to bring all the paperwork, take pictures of the fence and bring someone who can translate for him.

Re: whose property is it?

First, the mere construction of the fence doesn't move the property line. You probably know this, but I should mention it just to be sure. Neither neighbor's property size was changed by the new fence. The only thing that was changed was practical assess and usefulness.

Second, is anybody sure where the actual boundary is?

Third, who did the construction? A contractor or one or the other of the neighbors? If is was a contractor, who retained them and who told them where to put the fence (or perhaps the contractor used its own judgment)?

Finally, how significant is the loss of one foot? If these are 25-foot-wide lots in a densely-populated city, loss of a foot is a big deal. If it's out in the country, one foot is practically meaningless.

I would say that since the neighbors have a written agreement to share the cost (and the law might require cost-sharing anyway), the non-paying neighbor probably must pay and a small-claims judge would order him to pay UNLESS your friend was personally responsible for the mis-placement of the fence AND the neighbor was free from blame.

As Mr. Schomer suggests, if your friend goes to small claims to get paid, he should bring an interpreter, the cost-sharing agreement, photos, and any paperwork relating to the contractor.

Lawsuits between neighbors should be avoided whenever possible, and your friend should first try to negotiate, stressing who is "to blame" for the fence's placement, if that fact is in his favor or at least not against him.