Can neighbor refuse to help pay for fence?

[pntran606]

What is the name of your state?Oakland, California.

There is an apartment building which stands only about 8 feet from my house. The fence, which has been there since I bought the house 15 years ago, is almost completely deteriorated. The owner of the apartment building, who lives elsewhere, has refused to pay for half the cost of a new fence because she claims the existing fence is on my property and therefore, I should be solely responsible for replacing it.

I am not sure where exactly the property line is, but I don't really care where the new fence is built. I also don't care so much what the fence looks like. She can specify the location if she pleases; I just want her to pay for half the cost. I am concerned that without a fence, her tenants can stomp into my backyard and sue me for anything that happens. Also, my neighborhood is not great and I don't feel safe without a fence around my property. Her property has fences on the other sides and I'm sure she is refusing to pay because she knows I won't have a choice but to put a fence up anyway.

Can I legally force her to share the cost of the new fence with me?

 

[I AM ALWAYS LIABLE]

What is the name of your state?Oakland, California.

There is an apartment building which stands only about 8 feet from my house. The fence, which has been there since I bought the house 15 years ago, is almost completely deteriorated. The owner of the apartment building, who lives elsewhere, has refused to pay for half the cost of a new fence because she claims the existing fence is on my property and therefore, I should be solely responsible for replacing it.

I am not sure where exactly the property line is, but I don't really care where the new fence is built. I also don't care so much what the fence looks like. She can specify the location if she pleases; I just want her to pay for half the cost. I am concerned that without a fence, her tenants can stomp into my backyard and sue me for anything that happens. Also, my neighborhood is not great and I don't feel safe without a fence around my property. Her property has fences on the other sides and I'm sure she is refusing to pay because she knows I won't have a choice but to put a fence up anyway.

Can I legally force her to share the cost of the new fence with me?

My response:

Your hypothesis and theory is wrong. So, the answer to your question is that, under California law, she has no legal duty or obligation to share in the cost of your needed fence. If you want it, you build it and you pay for it 100%.

IAAL

 

[pntran606]

Follow-up question on specific CA Civil Code

Thank you for your response. This is disappointing, but I guess it's good to be informed. I did actually look into the CA Civil Code previously and the most relevant section I found was the following:

California Civil Code Section 841: Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them; 2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards encloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter.

I couldn't quite interpret what that last part is suppose to mean. If one neighbor chooses to "let his land lie without fencing", then later decides to enclose it, doesn't that imply that he has paid for fencing after all and if so, what exactly does he have to refund? On the other hand, if a division fence has already been erected by the other neighbor who did want his property enclosed, then how can the first neighbor decide to enclose it later since the fence is already there? If someone's property is already enclosed by fences on all sides, as in my case, doesn't this law state that they are partly responsible for its maintenance?

Thanks again for your time to respond.