Upper Landowner Responsibility Fences

[bluesfreak]

i LIVE IN CALIFORNIA. THE APPLICABLE FENCE LAW IS CC SEC. 841. I AM ASKING IF THERE IS ANY CASE LAW DEFINING THE RESPECTIVE RESPONSIBILITIES WHEN THE UPPER LANDOWNER OF THE BOUNDARY FENCE HAS FAILED TO MAINTAIN IT, CAUSING DIRT AND WATER DAMAGE BELOW. I UNDERSTAND THAT BOTH NEIGHBORS ARE RESPONSIBLE FOR MAINTAINING THE FENCE, BUT DOESN'T THE UPPER LANDLORD HAVE MORE RESPONSIBILITY WHEN DAMAGE RESULTS? I'VE LOOKED AT THE MUNICIPAL CODES IN MY CITY BUT THEY ARE NOT MUCH HELP.

 

[HomeGuru]

i LIVE IN CALIFORNIA. THE APPLICABLE FENCE LAW IS CC SEC. 841. I AM ASKING IF THERE IS ANY CASE LAW DEFINING THE RESPECTIVE RESPONSIBILITIES WHEN THE UPPER LANDOWNER OF THE BOUNDARY FENCE HAS FAILED TO MAINTAIN IT, CAUSING DIRT AND WATER DAMAGE BELOW. I UNDERSTAND THAT BOTH NEIGHBORS ARE RESPONSIBLE FOR MAINTAINING THE FENCE, BUT DOESN'T THE UPPER LANDLORD HAVE MORE RESPONSIBILITY WHEN DAMAGE RESULTS? I'VE LOOKED AT THE MUNICIPAL CODES IN MY CITY BUT THEY ARE NOT MUCH HELP.

**A: are you an all caps freak too?