Neighbors fence

[twinsmommie]

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

The fence that seperates our property from one another is greatly decomposing and falling apart. We have ask our neighbors to replace it and we have even offered to go in half eventhough it is on their property. They have told us that they can not afford to replace it and since then they have patched it with plywood. By doing this they have hundreds of nails about 1-2 inches sticking out on my side of the property. We are no longer in talking terms due to the fact that about a year ago we were talking in their yard and there dog bit my arm. They did nothing to cover medical cost and a claim was put through their homeowners insurance. While the claim was being process I notified their insurance that I felt the dog was kept in an unsecure environment due to the fact the fence was falling apart. They came over and took pictures from myside of the fence as well as theirs. Their insurance told me that they could not make them put up a new fence but that they would be put up for nonrenewal due to the dog bite and the fence being a accident waiting to happen.

My question is can I take them to court to replace the fence due to it being a safety issue. If need be I can subpeona the file on the dog bite where it clearly states that the fence is decomposing and is a safety issue with the nails sticking out.

The only reason why I would do this is because I have 2 small children and I'm conserned about their safety with that fence either falling on them or them getting hurt with the nails sticking out.

 

[HomeGuru]

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

The fence that seperates our property from one another is greatly decomposing and falling apart. We have ask our neighbors to replace it and we have even offered to go in half eventhough it is on their property. They have told us that they can not afford to replace it and since then they have patched it with plywood. By doing this they have hundreds of nails about 1-2 inches sticking out on my side of the property. We are no longer in talking terms due to the fact that about a year ago we were talking in their yard and there dog bit my arm. They did nothing to cover medical cost and a claim was put through their homeowners insurance. While the claim was being process I notified their insurance that I felt the dog was kept in an unsecure environment due to the fact the fence was falling apart. They came over and took pictures from myside of the fence as well as theirs. Their insurance told me that they could not make them put up a new fence but that they would be put up for nonrenewal due to the dog bite and the fence being a accident waiting to happen.

My question is can I take them to court to replace the fence due to it being a safety issue. If need be I can subpeona the file on the dog bite where it clearly states that the fence is decomposing and is a safety issue with the nails sticking out.

The only reason why I would do this is because I have 2 small children and I'm conserned about their safety with that fence either falling on them or them getting hurt with the nails sticking out.

**A: the answer is yes but be prepared to possibly share the cost of a new fence.

 

[twinsmommie]

thats okay with us since we've told them twice that we would cover the cost of the fence but the declined.

but I'm also wondering since they are being nonrenewed that if they go with another insurance company they will get the information about why they were nonrenewed (fence and dog bite) and wouldn't the new company make them fix those problems before they get new insurance?

 

[HomeGuru]

thats okay with us since we've told them twice that we would cover the cost of the fence but the declined.

but I'm also wondering since they are being nonrenewed that if they go with another insurance company they will get the information about why they were nonrenewed (fence and dog bite) and wouldn't the new company make them fix those problems before they get new insurance?

**A: you would think.....

 

[Cedrus]

Nolo Press has a good book "Neighbor Law", 5th edition, about $27.00. Thumb thru it at a book store and see if you want to buy it.

My initial thought is to take many pictures of the fence/dog and build your own fence about a foot inside your property. Then take the neighbor to small claims court for reimbursement. If you get turned down at least you have your own fence. Later on, you write your neighbor a certified letter letting them know you can reclaim your 1 foot of property at any time.

 

[HomeGuru]

Nolo Press has a good book "Neighbor Law", 5th edition, about $27.00. Thumb thru it at a book store and see if you want to buy it.

My initial thought is to take many pictures of the fence/dog and build your own fence about a foot inside your property. Then take the neighbor to small claims court for reimbursement. If you get turned down at least you have your own fence. Later on, you write your neighbor a certified letter letting them know you can reclaim your 1 foot of property at any time.

**A: yes, that is one of the better books on the subject.

 

[twinsmommie]

thank you for your input. I will look into the book you said. I think I may need to look into the property lines as well. I want to cover all angles before I submit a civil case against them.

 

[FarmerJ]

Just a thought , WHAT does your city have to say as far as ordinances go when a dog bites someone ? Does your city requiring kenneling, Chains , special fenced dog run areas ETC. Your own city ords could have already addressed the issue by having additional requirements to be put in place when a residents dog has bitten someone.

 

[twinsmommie]

Just a thought , WHAT does your city have to say as far as ordinances go when a dog bites someone ? Does your city requiring kenneling, Chains , special fenced dog run areas ETC. Your own city ords could have already addressed the issue by having additional requirements to be put in place when a residents dog has bitten someone.

I don't know? I live in Los Angeles County so I guess I can also look it up or call but who or where should I look?

 

[iWonderWhat]

State Law on the dog bite...

CALIFORNIA CODES
CIVIL CODE
SECTION 3333-3343.7

3342. (a) The owner of any dog is liable for the damages suffered
by any person who is bitten by the dog while in a public place or
lawfully in a private place, including the property of the owner of
the dog, regardless of the former viciousness of the dog or the owner'
s knowledge of such viciousness. A person is lawfully upon the
private property of such owner within the meaning of this section
when he is on such property in the performance of any duty imposed
upon him by the laws of this state or by the laws or postal
regulations of the United States, or when he is on such property upon
the invitation, express or implied, of the owner.
3342.5. (a) The owner of any dog that has bitten a human being
shall have the duty to take such reasonable steps as are necessary to
remove any danger presented to other persons from bites by the
animal.

You can read the entire section by going to: <<www.leginfo.ca.gov>>
Also, as sugested by others, you should consult your local municipality or, LA County web page.

As for the boundary line, it is always good advice to have a land surveyor Determine your boundary before installing a fence or wall.

 

[twinsmommie]

CALIFORNIA CODES
CIVIL CODE
SECTION 3333-3343.7

3342. (a) The owner of any dog is liable for the damages suffered
by any person who is bitten by the dog while in a public place or
lawfully in a private place, including the property of the owner of
the dog, regardless of the former viciousness of the dog or the owner'
s knowledge of such viciousness. A person is lawfully upon the
private property of such owner within the meaning of this section
when he is on such property in the performance of any duty imposed
upon him by the laws of this state or by the laws or postal
regulations of the United States, or when he is on such property upon
the invitation, express or implied, of the owner.
3342.5. (a) The owner of any dog that has bitten a human being
shall have the duty to take such reasonable steps as are necessary to
remove any danger presented to other persons from bites by the
animal.
You can read the entire section by going to: <<www.leginfo.ca.gov>>
Also, as sugested by others, you should consult your local municipality or, LA County web page.

As for the boundary line, it is always good advice to have a land surveyor Determine your boundary before installing a fence or wall.

When I was trying to negotiate the deal to get the fence work into the settlement I had wrote them a letter and this is what I told them "It is California law that the dog owner must provide a secure surrounding and remove any danger to any other person if that dog has shown aggressive behavior and/or any history of biting a person. By not replacing this fence you and your client are knowingly breaking the law." According to the insurance adjustor they told me that they can not force their clients to put in a new fence and that their policy will be put up for non renewal due to the bog bite and the fence. And that if they were going to renew with them they would have to follow such and such steps (i.e. fence, dog). I'm just hoping that they follow through and I know it will be difficult for them to find insurance with another company with a dog bite case and them still having the dog plus they got another dog.

I just want to make sure that I have some legal grounds here to have them put up a new fence. If I take them to small claims to get the fence replace, I'm not violating my settlement with them because I'm not sueing them over the dog bite rather the safety of the fence which is a totally different thing. My concern has always been for the safety of myself and my family. This fence is clearly a safety hazard.

 

[FarmerJ]

Call your local building inspections desk to learn what you can about repair ordinances and if the inspections desk has to send someone out let them view it from your side of the lot line.