Legal Question in Real Estate Law in California

3 weeks ago a huge windstorm knocked down the fence (12 years old, owned/built by myself & neighbor) from a 50 ft tree that fell in my backyard. I have been able to have the fence rebuilt using the same wood. my neighbor wants me to pay and put up a new fence. Fence now repaired and looks like the rest. Am I liable fo incurring the cost of a new fence?


Asked on 4/02/11, 1:12 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As far as I know, the answer is no. California has no laws respecting the age, appearance or design of fences except one (Civil Code 841.4) restricting heights to ten feet under some circumstances. There is a limited obligation to share in the cost of boundary fences under some conditions (Civil Code 841). Nothing says a 12-year-old wood fence is inadequate per se. The only doubt in my mind is whether there is some local ordinance or CC&R in your community that imposes tougher requirements than state law.

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Answered on 4/03/11, 1:34 pm


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