What is the name of your state (only U.S. law)? California
Our neighbor built an illegal shed and used the common fence as the anchor for the shed's roof. The fence is now is disrepair and he has been asked by the county to remove the shed. We have decided to sue him for the amount to replace the fence since it was his illegal shed that caused the disrepair. He has ignored all requests as he said his home is now a short sale. He was served papers to appear at small claims court next week. He has asked the court to postpone the trial due to him hoping to close on his house. If that happens, will we no longer be able to sue him for the fence? We have been after him since May, 2012 and he has avoided us until we decided to sue him in October. Now that he received the postponement, we are afraid the home will sell and will have to ask the new buyers to replace the fence. The county has been uncooperative in our push to get the shed removed and said the common fence is not in violation, just the shed. But if the shed ruined the fence, shouldn't the current owner be responsible?
Thank you in advance for any help regarding this matter.
Our neighbor built an illegal shed and used the common fence as the anchor for the shed's roof. The fence is now is disrepair and he has been asked by the county to remove the shed. We have decided to sue him for the amount to replace the fence since it was his illegal shed that caused the disrepair. He has ignored all requests as he said his home is now a short sale. He was served papers to appear at small claims court next week. He has asked the court to postpone the trial due to him hoping to close on his house. If that happens, will we no longer be able to sue him for the fence? We have been after him since May, 2012 and he has avoided us until we decided to sue him in October. Now that he received the postponement, we are afraid the home will sell and will have to ask the new buyers to replace the fence. The county has been uncooperative in our push to get the shed removed and said the common fence is not in violation, just the shed. But if the shed ruined the fence, shouldn't the current owner be responsible?
Thank you in advance for any help regarding this matter.