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Old 09-29-2009, 02:53 PM
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fence maintenance-problem neighbor


What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? CA
We have lived in this fine neighborhood with completely enclosed fences built by the builder 25 years ago. The fence between yards is worn with age. Between our neighbor on one side especially due to damage by her contained and not well attended dogs who have broken out constantly including into our yard. They dug under the wired fence chewing up the wood and broke the solid boards. She has nailed boards up making it look like a shanty fence with odd boards going every which way just to keep the dogs in. It is rotting. It is an eyesore. We have gotten several realistic estimates from fence companies to build a new 110 ft fence between the yards. Since the neighbor in the back built a fence ,we want to continue it and improve the value of our house.
We have nicely written a letter asking to discuss this which our neighbor has not answered. We really don't even expect she will contribute but we want the new fence to be maintained and not to be abused by her dogs. The fence company says we are being too nice. Can we require her to sign something so say she is obligated to maintain the fence in good order and hold her responsible for damaging it in the future? Is a verbal agreement sufficient. I am photographing the fence for records.We want to start construction in a few weeks. thanks
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Old 09-29-2009, 02:57 PM
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Join Date: Mar 2008
Posts: 411
Inform your neighbor that Cal. Civil Code Section 841 requires neighbors to share the cost of maintaining/rebuilding a fence. So you could sue her for half the cost.
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