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Common fence with commercial building

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CABAHomeOwner

Junior Member
State: California

I realize that this question has been asked ad nauseum but I have a different twist. I share my back fence with a commercial building in a shopping center. It is in great need of repair. Some boards have fallen and other boards have holes. I talked to the owners of the shopping center over the phone and sent them pictures of the fence. My hope was that we could split the cost of the fence per California code, 841.

The owners are saying that they don’t believe that the fence is theirs. This is puzzling to me. We are adjacent landowners and therefore are required to equally contribute to maintaining the fence. They have replaced other sections of the fence at another home at the end of the street. So, my questions are, A) Does 841 apply to commercial developments? B) Does the repaired fence at the end of the street (that follows our fence line) signify that are NOT letting their land go unfenced?

I have a call in with the Planning department to make sure that there were no special provisions made when the shopping center was put in. Usually, per our city code, shopping centers are required to fence in their property with masonry brick. Considering that there is no masonry fence between us, either they neglected to build it or they signed a special deal with the city. Aside from that, I am curious to hear from others who have dealt with similar situations.

Thank you!
 



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