What is the name of your state (only U.S. law)? California
A common redwood fence shared with my uphill neighbor started showing evidence of rot several years ago. I asked them to clear away the soil that was in contact with it. Despite repeated requests to do something about this, they took no action. The fence continued to deterioate in the locations of the soil contact to the point that some of the post and supports have completly rotted at the base and now the vertical planks are starting to fall out.
Awhile back I suggested the fence be completely replaced and I offered to pay 1/3 and asked them to pay 2/3. While I feel that they are 100% responsible for the damage and should really pay for 100% of the replacement cost, I was making an allowance for the fact the fence is a little over 20 years old and I have benefited from it. The unrotted sections are in reasonably good shape and have many years of useful life left. My other suggestion was for them to replace only the damaged areas and they pay all the costs for that.
They refuse to pay or do anything.
Are they responsible for all costs to fix the sections damaged by using the fence as a retaining wall?
If they still refuse to cooperate after giving them a formal demand letter, what is the best way to proceed? Get the fence repaired and take them to small claims or what?
A common redwood fence shared with my uphill neighbor started showing evidence of rot several years ago. I asked them to clear away the soil that was in contact with it. Despite repeated requests to do something about this, they took no action. The fence continued to deterioate in the locations of the soil contact to the point that some of the post and supports have completly rotted at the base and now the vertical planks are starting to fall out.
Awhile back I suggested the fence be completely replaced and I offered to pay 1/3 and asked them to pay 2/3. While I feel that they are 100% responsible for the damage and should really pay for 100% of the replacement cost, I was making an allowance for the fact the fence is a little over 20 years old and I have benefited from it. The unrotted sections are in reasonably good shape and have many years of useful life left. My other suggestion was for them to replace only the damaged areas and they pay all the costs for that.
They refuse to pay or do anything.
Are they responsible for all costs to fix the sections damaged by using the fence as a retaining wall?
If they still refuse to cooperate after giving them a formal demand letter, what is the best way to proceed? Get the fence repaired and take them to small claims or what?