Legal Question in Real Estate Law in California
This is re shared fences between residential properties in Concord CA and state, county and/or city laws that may pertain. My house has a rear yard thar adjoins 3 properties on the street behind, The middle neighbor said he is a contractor and would replace the fence himself to cut the cost. He threw around some numbers but was unclear about final total cost and its breakdown. I told him I had to wait until I could afford it and also that I wanted to get some other bids. He was to call back and give more specifics on the cost, and he knew that I wanted to get other bids. Over this past weekend, he took it upon himself to rip down the old fence. I am furious. He has dogs that were going through gaps in the old fence and pooping in my yard, and now his yard is completely open to mine. Are there penalties for doing this without my consent? I may chosen another type of fence, gotten a better price from someone else, etc. Are there permits needed for a job like this? Please help.
1 Answer from Attorneys
It depends on who owns the fence, which is determined by whose property it is on. Fences are rarely exactly on the property line. If it was on your side, he is liable for trespass and destruction of property. If it was on his side, you have no remedy but to put up a fence to your liking on your side by a couple of inches. If it truely was a two-party fence exactly on the property line, then it gets much more complicated.
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