financial responsibility for share propertyline

[forlitke]

I am installing a new fence at my home residence. One of my neighbors who shares the property line will not share in the expense of the new fence. I am asking for a 50/50 split for only the fencing that are joint properties share. I believe I am being fair from common sense perspective - but what about legally - is my neighbor responsible for their part of the new fence.

 

[I AM ALWAYS LIABLE]

My response:

California Civil Code section 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."

So, pursuant to the first sentence in #2, if your neighbor already has a fence surrounding his property, and your fence completes his enclosure, then he owes you 50% now; i.e., the sentence would read - - "Coterminous owners are mutually bound equally to maintain the fences between them."

If he fails to pay you, you take him to Small Claims court.

IAAL