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Fence Replacement

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Junior Member
What is the name of your state?ArialWhat is the name of your state? California

My neighbors want to replace a fence along the common property line. I have no reason or inclination to dispute the location of the fence. The neighbors want me to dig out an area about two feet from the fence (along it's length) so that they can nail boards to the new fence. They say that I must do this because I piled dirt against the fence when I levelled my front yard, raising the surface from less than 1'' at the high point to about 14" at the low. A portion of the (wood) fence has always been below grade from my side, but I did add to the area exposed to dirt, and it seems reasonable to say that I hastened the present and ongoing deterioration of the fence.

I don't want to dig out my yard because I've got extensive plantings in the area in question that will die or likely fail to bloom if disturbed. I countered that since the length of the fence is only about twelve feet, that they pre-make it and put it in place from their side. We're not friendly neighbors, for reasons I won't go into, but I'm willing to meet my legal obligations. As soon as I didn't accede to their ideas about the fence replacement they started to get hostile, and no surprise there.

So, my questions are these: do I have to allow them on my property to replace the fence when it could be done from their side, and do I have to dig out my yard and destroy two years of work so they can do the job their way?

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