Legal Question in Real Estate Law in California
neighbor's fence
My neighbor wants me to share in the cost of replacing a fence between our properties. The previous owner of his property built the fence and it is entirely on his property. Do I have to pay 1/2 the cost of HIS fence?
2 Answers from Attorneys
Re: neighbor's fence
The answer is no, you don't. If the fence is legally on his property, then you have no responsibility.
That having been said, there are some practical reasons why you may wish to do so. I currently have a case in which one property owner took the position that because the fence was on her side of the property (by one inch), the adjacent property owners (my clients) could not have their plants touch her fence, could not spray weed killer around the base of the fence, etc.
What might be a better course of action here is to first find out exactly where the property line is (through a survey), and then suggest that you relocate the fence to straddle the property line, with you agreeing to chip in half the cost. That way, you also get the right to agree on what kind of fence goes up. As Robert Frost said, good fences make good neighbors.
You are welcome to contact me anytime with further questions.
Re: neighbor's fence
Not if it is completely on his property. Why isn't it on the property line? Call me directly at (619) 222-3504.
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