Fences

[sonyahw]

What is the name of your state? CA
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FENCES
The boundary line fence fell down in a recent storm. Who is responsible?

Good neighbors will agree on splitting the cost of the repair. Civil Code §841 requires that owners contribute to maintain fences between them, unless one of them chooses to let his land lie unfenced; if he later fences his property, he then is responsible for payment of a proportional share of the value of the fence.
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Does the above mentioned code apply when the fence is built 6 inches inside the property line?

Our neighbor didn't want to contribute to the fence so we built it on our side inside our property line. Now they have enclosed their yard and put a fence up so we cannot reach the other side of the wall. Would they be responsible for the porportiional share of the fence?

On the other side the neighbor didn't want to contribute but we just followed the common fence.
Now they stuccoed it and want to paint it yellow on "their side". Didn't notify us or ask if we would mind. Is this legal???

 

[seniorjudge]

What is the name of your state? CA
**************************************************************************************
FENCES
The boundary line fence fell down in a recent storm. Who is responsible?

Good neighbors will agree on splitting the cost of the repair. Civil Code §841 requires that owners contribute to maintain fences between them, unless one of them chooses to let his land lie unfenced; if he later fences his property, he then is responsible for payment of a proportional share of the value of the fence.
***************************************************************************************
Does the above mentioned code apply when the fence is built 6 inches inside the property line?

Our neighbor didn't want to contribute to the fence so we built it on our side inside our property line. Now they have enclosed their yard and put a fence up so we cannot reach the other side of the wall. Would they be responsible for the porportiional share of the fence?

On the other side the neighbor didn't want to contribute but we just followed the common fence.
Now they stuccoed it and want to paint it yellow on "their side". Didn't notify us or ask if we would mind. Is this legal???

Q: Who is responsible?

A: The people who own the fence, which, according to your post, is you. It is not a boundary fence. Reason? "...Our neighbor didn't want to contribute to the fence so we built it on our side inside our property line....."

 

[sonyahw]

You missed the point completely. My questions were as follows:
1)Does Civil Code §841 apply when the fence is built 6 inches inside the property line?

2)On the other side the neighbor didn't contribute but we just followed the common fence
to the sidewalk. For all intents and purposes that fence was ours-Now they stuccoed it and painted it yellow on "their side". Didn't notify us or ask if we would mind. Is this legal??

 

[stuckinlamad]

No it isn't legal, They do not own the fence the fence is not on thier property therefore they had to trespass to change the fence. You could have the fence moved to the boundry line but based on their actions so far you may need a new survey or they will think you gave them those 6 inches. You could sue them to return your property to the original condition but I don't think that they have to pay for half the fence unless it is on the boundry line.

 

[pojo2]

but based on their actions so far you may need a new survey or they will think you gave them those 6 inches.

My neck of the woods you MUST set a fence 6 inches within your property line and I know of NO ONE who makes it an issue to maintain that 6 inches outside their fence line. So in essence you want a fence you give up 6 inches on all sides of the property. Makes it all clear who owns that fence and who maintains it.