What is the name of your state (only U.S. law)? CA
What is the name of your state (only U.S. law)? California
The common 6ft. wide fence was completely removed and a new fence using really cheap materials was put in it's place about 1.5 yrs ago. This neighbor never contacted me for permission to replace the fence. I had to keep my dogs indoors for 3 days because they left the area wide open. The fence was so cheaply constructed that you could push on the slats and they would fall off. I put up a slats on my side to keep my dogs from pushing through. His fence was falling apart on it's own.
His grown kids play basketball, they teased and tormented my dog that would start barking when they bounced the ball, by slamming the ball against the fence with brute force, which made the fence fall apart even faster. The neighbor then went and got a small dog, and complained that he was worried my pit bull would get through the fence. I told him I would further reinforce the boards on my side, but that he was 50% responsible for fixing the fence on his side. And if he was that concerned about my dog getting through, that he should reinforce his side, and not leave it in such poor condition. Even after our conversation, he left his side in disrepair for many months, with loose and broken boards, and other materials leaning up against it. It appeared he was just waiting for something to happen. This guy owns a construction company, so, reinforcing his side would have been effortless. I stopped by his house to talk to him about it - he proceeded to tell me what kind of a fence I should build - I told him that he was 50% responsible for reinforcing and maintaining his side of the fence, and that if he was so concerned about his small dog that he should take preventative measures as well.
Nothing at all happened, and his side of the fence was/is still left in disrepair. He stopped by my house today to let me know one of the boards had fallen down on my side, leaving his fence exposed. His fence in that one small section is broken, loose and has a small opening you can maybe squeeze your hand through. I said I would replace the board that fell and that my dog could not get through his broken fence, but he said that his dog may be able to get through it although the opening from the broken slat is 3 feet high. It's his fence, so why doesn't he he mend his own fence? I said I would replace my board that fell down, and he said that it wasn't good enough, that I needed to put up an entirely new fence on my side and that he would take me to court and sue me to do that. It appears I am doing all the work while he has not done anything thus far except leaving his fence loose and broken as if waiting for something to happen.
I saw today that he in fact was putting up boards on his side of the fence however, for some reason he is not completing the job and leaving the area where his boards are broken and loose. It's apparent he is not all that concerned about his dog and that he is more interested in getting a free fence - something he would pay for at cost and most likely charge me a higher price though his construction company as work done.
Does he have a valid case against me? - please advise.
Best,
Mary
What is the name of your state (only U.S. law)? California
The common 6ft. wide fence was completely removed and a new fence using really cheap materials was put in it's place about 1.5 yrs ago. This neighbor never contacted me for permission to replace the fence. I had to keep my dogs indoors for 3 days because they left the area wide open. The fence was so cheaply constructed that you could push on the slats and they would fall off. I put up a slats on my side to keep my dogs from pushing through. His fence was falling apart on it's own.
His grown kids play basketball, they teased and tormented my dog that would start barking when they bounced the ball, by slamming the ball against the fence with brute force, which made the fence fall apart even faster. The neighbor then went and got a small dog, and complained that he was worried my pit bull would get through the fence. I told him I would further reinforce the boards on my side, but that he was 50% responsible for fixing the fence on his side. And if he was that concerned about my dog getting through, that he should reinforce his side, and not leave it in such poor condition. Even after our conversation, he left his side in disrepair for many months, with loose and broken boards, and other materials leaning up against it. It appeared he was just waiting for something to happen. This guy owns a construction company, so, reinforcing his side would have been effortless. I stopped by his house to talk to him about it - he proceeded to tell me what kind of a fence I should build - I told him that he was 50% responsible for reinforcing and maintaining his side of the fence, and that if he was so concerned about his small dog that he should take preventative measures as well.
Nothing at all happened, and his side of the fence was/is still left in disrepair. He stopped by my house today to let me know one of the boards had fallen down on my side, leaving his fence exposed. His fence in that one small section is broken, loose and has a small opening you can maybe squeeze your hand through. I said I would replace the board that fell and that my dog could not get through his broken fence, but he said that his dog may be able to get through it although the opening from the broken slat is 3 feet high. It's his fence, so why doesn't he he mend his own fence? I said I would replace my board that fell down, and he said that it wasn't good enough, that I needed to put up an entirely new fence on my side and that he would take me to court and sue me to do that. It appears I am doing all the work while he has not done anything thus far except leaving his fence loose and broken as if waiting for something to happen.
I saw today that he in fact was putting up boards on his side of the fence however, for some reason he is not completing the job and leaving the area where his boards are broken and loose. It's apparent he is not all that concerned about his dog and that he is more interested in getting a free fence - something he would pay for at cost and most likely charge me a higher price though his construction company as work done.
Does he have a valid case against me? - please advise.
Best,
Mary