Replace Fence

[caresident07]

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

Hello. This is my first time owing a home. I just bought my house in January. There is a beautiful willow tree on my side of the fence and some of the branches cross over to the neighbor. From what I understand, the neighbor can cut any branch that is over to his fence, but he came and cut my tree right to the trunk and left all the branches on my side. This was before I completely moved in (I was still moving my stuff in little by little). I went and talk to him and he apologized for coming to my side and cut my tree. Then, he said he would like to talk about the fence. He would like to replace the fence and asks how we are going to split the cost. I told him I will talk to him after I moved in, which I am now. The seller of my home had put those cheap rolling bamboo fences on my side. When I went to look at the fence from my side, there is a chain link fence in the middle between his wooden fence and my bamboo fence. Am I still responsibility to help replace the wooden fence?

Thank you.

 

[tranquility]

California Civil Code
841. 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.

 

[justalayman]

You need to determine which fence is the shared fence. To me, it sounds likely it would be the chain link fence. If so, if he chooses to install an additional fence on his side, it is on him. Did you have a survey done? Does anybody have a survey indication where the fences are in regards to the property line?

 

[FarmerJ]

Ill lay odds too that the chain link fence could be the original BUT this would be worth having a boundry survey done in order to know exactly what your lot lines are and if it is the chain link fence and its in good shape you Make darn sure there is no underground utils in the way first ( call the before you dig number ) and go get one of them copper grounding rods that are used for grounding a house`s electrical system and say cut it into 2 or 3 lengths then use small sledge and drive in but on your side of survey stakes so if the boundry needed to be found again a metal detector could find the rods easy. Bur seriously once you have a boundry survey done then you really will know how to address this better.

 

[HomeGuru]

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

Hello. This is my first time owing a home. I just bought my house in January. There is a beautiful willow tree on my side of the fence and some of the branches cross over to the neighbor. From what I understand, the neighbor can cut any branch that is over to his fence, but he came and cut my tree right to the trunk and left all the branches on my side. This was before I completely moved in (I was still moving my stuff in little by little). I went and talk to him and he apologized for coming to my side and cut my tree. Then, he said he would like to talk about the fence. He would like to replace the fence and asks how we are going to split the cost. I told him I will talk to him after I moved in, which I am now. The seller of my home had put those cheap rolling bamboo fences on my side. When I went to look at the fence from my side, there is a chain link fence in the middle between his wooden fence and my bamboo fence. Am I still responsibility to help replace the wooden fence?

Thank you.

**A: where is your current boundary survey map that you asked the seller to provide before you bought the property?

 

[caresident07]

**A: where is your current boundary survey map that you asked the seller to provide before you bought the property?

justalayman,

The only map I received was just a aerial map with a line around the property. It wasn't specific. It was a very bad copy you couldn't tell where the property line ends. Would you have any idea how I can get a survey done?

 

[justalayman]

Would you have any idea how I can get a survey done?

grab the yellow pages and look up surveyors. What would be better would be to ask around in the area, both governmental entities and private people and ask for a referral to a surveyor. Due to the issues that can arise in a survey, somebody that is familiar with the local area actually is a better guy to hire.

 

[caresident07]

grab the yellow pages and look up surveyors. What would be better would be to ask around in the area, both governmental entities and private people and ask for a referral to a surveyor. Due to the issues that can arise in a survey, somebody that is familiar with the local area actually is a better guy to hire.

Thank you for your help.

 

[csi7]

Yes, definitely have a survey done. I had to go to the real estate agency to find out who did the original survey on our property. Went down to the survey office, talked to several people, and was given a clean copy of the survey with the information I needed shown on the survey.

We have a chain link fence running down the property line, and we paid for it entirely. The neighbor put up a privacy fence on their side of the chain link fence and were responsible for the entire cost of the privacy fence.

Best wishes.