QUESTION

How do I stop a fence being built where I have not been given notice?

Asked on Sep 17th, 2015 on Real Estate - California
More details to this question:
A 30 yr old fence fell. I suggest to neighbor we get quotes from licensed contractors. Neighbor says too much money and wants her brother-in-law (not a licensed contractor) to put up a fence. I am concerned with liability and proper fence building issues. I am currently getting bids but it appears neighbor is going to rush a cheaply built fence (using original posts) in before my lic'd contractor can act. There is room for only one fence. What can be done?
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2 ANSWERS

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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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 17th, 2015 at 4:39 PM

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Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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On whose property are the fence and the fence posts actually located? Do you really know? If the fence is on his property, then he can do what he wants, as long as he does not damage your property. If the fence is on your property, then he cannot do anything without your permission. If his brother-in-law shows up and refuses to leave, call the cops. He is trespassing and damaging your home. If you don't really know, you can either get a copy of the recorded map of your property and try to find the boundary with measuring tape and string or hire a licensed surveyor to find it and mark it  for you. Until you know for sure, you might consider claiming that it is on your side. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack
Answered on Sep 17th, 2015 at 1:52 PM

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