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Neighbor won't help with good-neighbor fence

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vern51

Junior Member
What is the name of your state? California

My husband and I have a rental property in Sacramento. The fence that divides between the home and our neighbor was totally destroyed by years of ivy. My husband spoke to the neighbors 2 yrs prior and it was mutually agreed that the fence needed to be replaced and they even discussed what type of fencing they wanted but was unable to pay 1/2 at the time because they were saving to have their roof replaced. So we waited because we didn't feel we should solely pay for the fence. Now 2yrs later, when we brought up the conversation again, now they are now saying that it's not their responsibility to pay for any portion of the new fence. With the tenants, they have dogs and we had to have the fence replaced so we paid the full amount. It is a standard good-neighbor fence made of cedar, nothing fancy. We had sent a letter the neighbors requesting 1/2 payment either in full or in installments. They never responded. Can I take them to small claims court to demand the payment?
 


Just Blue

Senior Member
What is the name of your state? California

My husband and I have a rental property in Sacramento. The fence that divides between the home and our neighbor was totally destroyed by years of ivy. My husband spoke to the neighbors 2 yrs prior and it was mutually agreed that the fence needed to be replaced and they even discussed what type of fencing they wanted but was unable to pay 1/2 at the time because they were saving to have their roof replaced. So we waited because we didn't feel we should solely pay for the fence. Now 2yrs later, when we brought up the conversation again, now they are now saying that it's not their responsibility to pay for any portion of the new fence. With the tenants, they have dogs and we had to have the fence replaced so we paid the full amount. It is a standard good-neighbor fence made of cedar, nothing fancy. We had sent a letter the neighbors requesting 1/2 payment either in full or in installments. They never responded. Can I take them to small claims court to demand the payment?
No...They said they were not going to pay for half. They have no obligation to pay for half. Your tenants need for a fence due to THEIR dogs is not the neighbors problem.

You, of course, could take this to small claims but it is EXTREMELY doubtful that you would prevail!
 

vern51

Junior Member
shared costs

Thanks for the replies. But regarding the dogs, that just sped up the need to replace the fence. No matter what, the fence needed to be replaced. There was no privacy. The neighbor on the other side of our house had already paid 1/2 to replace the fence on that side 3yrs prior. I just feel if the fence is shared between the two of us it should be equally shared financially. Thanks
 
People are jerks

I have to say that I agree with you. We put up a fence in our backyard and so the back wall was facing the neighbor behind us. We asked him for 1/2 of the price of the back wall. He refused. We built the fence completely by ourselves, paid for the entire thing and put it completely on our property. He still attached when he was ready to fence in. The HOA told us we could do nothing. Some people are just jerks!!!!
 

divgradcurl

Senior Member
Sue them in small claims court for 1/2 of the cost of the fence. You can cite to the following:

Cal. Civil. Code. § 841. Boundaries, monuments and fences; maintenance

MONUMENTS AND FENCES. 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.

If the neighbor's property was already completely enclosed by fences before this last section collapsed, it will be hard for them to prove that they were allowing their property to lie without fencing. However, if their backyard is NOT fully enclosed, then they might be able to make the argument. It will depend on whether or not their backyard is fully enclosed or not.
 

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