Legal Question in Real Estate Law in California

I am a homeowner and this winter due to storms, winds, etc, a fence post in a common fence between our house and our neighbor's got loose and needs to be replaced. It is essentialy rotted at the base of the post. I have temporary secured the fence as it was leaning heavily. I have contacted our neighbor three times and they have agreed verbally to sharing the cost of getting this fixed and even stated they know someone who can fix the fence. It is now two months later and nothing has been done and I do not want to go and talk with them about it yet again a fourth time. What are my rights and what can I do to get this fixed and share the cost with them? Please advise.

Thanks, Jim


Asked on 4/23/11, 12:20 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The law imposing a duty to participate in the maintenance of boundary fences dates back to 1872, and was designed with farming and ranching in mind. Civil Code section 841. A neighbor is required to participate only if he fully encloses his own property with fence (or its equivalent, including hedges, walls, buildings, etc.). So, to be sure of getting a contribution from the neighbor, get an agreement, not only to contribute half the cost, but also on the design and who will do the work. Watch out for a proposal that the work be done by an amateur or an unlicensed handyman. That might produce an OK result, but the risks are high.

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Answered on 4/25/11, 2:56 pm


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