Fences

[DonB]

What is the name of your state? Milpitas California

During the recent storm this past weekend a few sections of fence fell over due to high winds. The fence was installed back in 2002 and is shared with two other household/neighbors. In the next week or so I have a few fence contractors scheduled to come by and provide an estimate. So I thought I’d inform the other two households what was going to take place and if they had any other fencing needs of their own.

One was very polite and thanked me for getting things all lined up (they paid their half back in 2002). The second neighbor doesn’t think the fence needs any attention. They moved in about 5-6 years ago.

I know California has a fence ordinance but how does this usually go when one party objects? Part of the ordinance reads as follows:

“shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.”

How is reasonable costs and necessary to be interpreted? While most of the fence it still standing there is much movement when pushing on it. Rather than do it piecemeal I’d prefer a more proactive approach. The lions share of the overall cost will be paid by me and I’d like a result that will last and be nice to look at.

 

[quincy]

Here is a link to California’s Good Neighbor Fence Act:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=841

If the one neighbor does not want to contribute to the maintenance, repair and/or replacement of the fence, you might have to sue the neighbor to recover costs that could fairly be designated their responsibility to pay. The law linked to above spells out what you need to do.

 

[zddoodah]

I know California has a fence ordinance but how does this usually go when one party objects? Part of the ordinance reads as follows:

“shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.”

Ordinances are local laws. What exactly is this "ordinance" that you're quoting?

 

[Zigner]

Ordinances are local laws. What exactly is this "ordinance" that you're quoting?

Perhaps this:

https://codes.findlaw.com/ca/civil-code/civ-sect-841/

 

[quincy]

I provided a link to the Good Neighbor Fence Act, California Civil Code Section 841. Zigner’s link is to the same Act.

It spells out nicely what neighbors need to do about the maintenance, repair or replacement of a shared fence. It seems pretty clear.

DonB can measure the length of the fence used by each property owner and split the costs fairly (the shorter the length, the less the cost). If one neighbor refuses to maintain the fence or pay for its replacement, a trip to the court may be necessary.