m_john_RWC
Junior Member
What is the name of your state? California
I own property adjacent to my house property that has a small chicken wire fence on it that I have no idea who put up. This parcel of land is a boundary between my next door neighbor, a city park and a neighbor across the small creek that runs from the park and is located behind my house.
I recently was approached about paying for 1/2 of a fence by the neighbor across the creek. They stated they had to replace it because of the past winters had damaged the fence so that it was unsafe. These neighbors have a pool which by law they have to have a fence. The only fences on my house parcel property are the ones shared with my direct next door neighbors. I have no backyard fence that is the boundary of the park or on the adjacent parcel of property except for this chicken wire fence.
The city park creek separates my parcel property from this neighbor. I have no wish to put up fences on this parcel. Also, my adjacent parcel of land only borders 1/3 of the fence they put up. Am I responsible for paying 1/2 of the cost of this fence? They are now threatening me with small claims court citing CA Civil Code 841.
CA Civil Code 841 states:
"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 incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter."
As I do not wish to put up fences, am I legally obligated to pay for the fence?
I own property adjacent to my house property that has a small chicken wire fence on it that I have no idea who put up. This parcel of land is a boundary between my next door neighbor, a city park and a neighbor across the small creek that runs from the park and is located behind my house.
I recently was approached about paying for 1/2 of a fence by the neighbor across the creek. They stated they had to replace it because of the past winters had damaged the fence so that it was unsafe. These neighbors have a pool which by law they have to have a fence. The only fences on my house parcel property are the ones shared with my direct next door neighbors. I have no backyard fence that is the boundary of the park or on the adjacent parcel of property except for this chicken wire fence.
The city park creek separates my parcel property from this neighbor. I have no wish to put up fences on this parcel. Also, my adjacent parcel of land only borders 1/3 of the fence they put up. Am I responsible for paying 1/2 of the cost of this fence? They are now threatening me with small claims court citing CA Civil Code 841.
CA Civil Code 841 states:
"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 incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter."
As I do not wish to put up fences, am I legally obligated to pay for the fence?