QUESTION
Attorney Letter demanding I work with neighbors brother on replacing fence and pay for 75% of it !
Asked on Sep 22nd, 2015 on Real Estate - California
More details to this question:
Fence fell down, neighbor refuses to talk with me, then I got a letter from her lawyer stating I had 2 weeks to contact his office or her brother to pick a contractor and agree on price and that she would pay 25% and I would pay 75%. I am looking to blow off the letter (it has no teeth), follow Calif Civil Code 841, give a 30 day notice before construction, get 3 bids (lic'd contractors), hire the lowest, wait 30 days to build, and then take her to small claims for 50% - what say you? BTW, brother tried to get me to pay for materials while he and a buddy would build it- neither are lic'd contractors. Her atty told me (in the letter) my only option was to do what he said . . . sure . . .
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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You've already got the game plan. The Good Neighbor Fence Act of 2013 (Civil Code section 841) states that a fence on the border of adjoining landowners benefits both neighbors and each must share in the costs of the repairing or maintaining the fence. So at the very least, your neighbor would be responsible for paying for half of the costs to repair your common fence.
In order to require the neighbor to pay for half of the repairs, maintenance or replacement of the mutual border fence, you’ll have to give 30-days written notice of the work to be done to your neighbor. Then you can begin the work and if your neighbor doesn’t pay for half, then you can sue your neighbor for half of the costs.
Answered on Sep 22nd, 2015 at 6:40 PM