My neighbor is served on a small claims for damage to her property 5 1/2 years ago. it was an old lattice fence and we tried to get estimates from her the first year and she never gave us anything until now. what should i do? what are my rights just to replace not put anything new?
2 Answers from Attorneys
Five years is likely too late - I can help prepare your defense papers to kick out the complaint.
Daniel Bakondi, Esq.
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
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5-1/2 years exceeds the statute of limitations for most complaints. However, there are on-going mutual and reciprocal duties between neighbors to maintain the boundary fences between them which might apply in your situation. See Civil Code section 841, subpart (2).
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