Legal Question in Real Estate Law in California

I installed a fence about 15 years ago , and at that time the land next store was a vacant lot. During this time I have always maintained it. Four years ago the lot

was developed. During this time my new owner has chosen not to do anything in stoping the fence from fallinf over on about a 40ft section. Due to the high winds we have ben having the dirt on his side of the fence has underminded the fence posts , causing the concrete at the bottom of the post to become completly exposed causing the fence to lean.. At the same time the back half od the fence has built up about a 60 ft length 5ft tall and buried my bushes and killing them.

As well push my fence over due to the weight. I asked them if I could help them to fix the problem sent them a letter asking them to please fix the issue and it been over a year with nothing. The fence is ready to fall and I cant do anything about it, and they are totally ovoiding the issue. Do they have a responsability and do I have any avenues to resolve my problem. Thank you for your time.

Asked on 6/24/13, 9:36 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

From your post it sounds like it is your fence and it is your responsibility to maintain it.

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Answered on 6/24/13, 12:00 pm

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

I'd agree. Under California law, the duty of a neighbor to participate in maintaining a boundary fence arises ONLY if said neighbor "incloses" his land -- i.e., has a fence (or something serving the same purpose, such as hedges or buildings) going all the way around his property. See Civil Code section 841.

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Answered on 6/30/13, 2:32 pm

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