Legal Question in Real Estate Law in California

Property Line Fence Replacement

I share an 8ft ''good neighbor'' fence with a disagreeable neighbor. The old fence is an eyesore, is termite infested, in its weakened condition it can be blown down by winds common to the area,and therefore presents a potential avenue of escape for my dog.

I wish to replace it, and am willing to pay the total cost. My neighbor agrees that it needs to be replaced but has already made it clear that he won't pay his share, does not approve of the proposed style, color, or fabrication method, and would rather do it himself. He is not a fencing contractor.

I prefer a contractor so that the job is done properly and to code. Can I replace the fence as is (4ft panel on my side, 4 ft panel on their side, fence posts down the property line)? If not, can I replace it with both panels on my side (I pay for the whole thing)? Can he sue because he doesn't like the style, color or type of wood (6'' Cedar), or type of post settings (2 ft buried in concrete) - the rest of the construct is the same as the existing fence (6ft height)? Any other reasons for suit?


Asked on 3/18/06, 3:15 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Property Line Fence Replacement

You can replace the fence, and you can require that he pays his share.

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Answered on 3/19/06, 12:34 pm

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