Legal Question in Real Estate Law in California

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?

Asked on 1/13/11, 7:13 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Five years is likely too late - I can help prepare your defense papers to kick out the complaint.


Daniel Bakondi, Esq.

[email protected]


The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

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Answered on 1/18/11, 9:31 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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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Answered on 1/19/11, 9:25 am

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