More details to this question:
25 year old fence needs replacement. Neighbor suddenly has redwood lumber delivered and begins painting the lumber with a horrible red on BOTH sides. He insists on using metal posts that are a stamped steel. I don't want a Cadillac fence, I want a direct replacement using 4x4 posts. At no time has he asked for permission to replace fence and am afraid he may start demolishing existing fence. He has stated that he expects cost sharing and consideration of his labor (he doing the work himself). His prep. work this far is SLOW. I want a licensed contractor to perform work and my neighbor to cover half. All I've read indicates I should file a small claims action, however no one has been "injured" at this point. I have sent him a Certified Letter stating the fence type to be installed and have given him 30 days before I turn a contractor loose. Any suggestions?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
at
Price Law Firm, APC
Update Your Profile
The Good Neighbor Fence Act of 2013 provides that adjoining neighbors equally benefit from a shared fence. Under certain conditions, neighbors will be deemed to have both benefited from the repairs and maintenance of the shared fence. And thus, they will both have to share in the cost of the repair maintenance. The statute requires that proper notice be given to the other neighbor before any work is commenced. So long as the conditions are met and you have properly given notice, then your neighbor will be required to share the cost of the fence. However, you may have to initiate legal action to enforce the statute.
Answered on Aug 29th, 2015 at 11:05 AM