Getting approval to replace good neighbor fence

[Drake3287]

What is the name of your state (only U.S. law)? CA

Hard to believe I'm even asking this question but here it goes. Here in California we have a "Good Neighbor Fence" Law (CA Civil Code, Sec 841) that requires neighbors that jointly own a backyard fence to pay a fair portion of replacing or repairing a shared fence.

Our subdivision fence is shared by 5 property owners including myself. It's currently almost 30 years old and is in bad need of replacement. Sections have already fallen down and one good winter storm will finish it off. My problem is one neighbor is a recluse and refuses to answer his front door or my letters. I realize this guy doesn't have any money to replace the fence but I certainly don't wish to have that stop the entire process.

I'm willing to eat his portion of the cost because it's not worth the trouble fighting him but what happens when the fence company arrives to replace the fence and the guy refuses to allow the work to be done? All I need is for him to cut back brushes from the fence and control his dog when they arrive. The problem is I can't even contact the guy to tell him my plans! He refuses any contact.

Even though I'm willing to pay, how do I get "official" approval to do the work? Can a local judge issue some type of enforcement letter to allow the work? How can I do this without paying for a lawyer or filing a law suit?

Thanks!

 

[FarmerJ]

How many feet of lot line do you share with him along that particular side of the lot ? Maybe you should just continue to have the fence installed but a short odd jog say 6 inches into your lot and leaving just that section up then it ceases to be your problem.

 

[Drake3287]

I wish it was that easy! My rear fence is staggered with the homes behind me so this rear fence is actually shared with the 3 of us. Building 1/3 of the fence inside my property line would look awful and in the long run cause nothing but property line confusion.

You would think I could just present my request to a judge or public official and have it granted. Not only is this fence law a well known California State law, I'm willing to pay all of it! I'm doing a favor by saving him $500.