QUESTION
Must I put back my back yard fence.
Asked on Sep 08th, 2015 on Residential Real Estate - California
More details to this question:
My back yard property extends sixty feet beyond the fence that was provided by the builder. I moved the back yard fence three feet beyond the builders fence line onto my property. I did this without HOA approval. The HOA has me in violation and wants the fence moved back to the original location. I attended the HOA meeting and mentioned that the land behind the fence belongs to me and not considered common area. The HOA, CC&R's state fences must not be moved or relocated. I told the board that it's regarding property lines or common ares and not property your own property. The HOA agreeded that I pay taxes on the property but still wants my fence put back to the original location. Can you please give me your legal advice? Would it pay for me to have an attorney? It would cost me several thousands of dollars to put the fence back and ruin my patio.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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You can get your neighbor to pay for half of the fence under 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.
As for the HOA, you can request that they allow you to retroactively apply for moving the fence.
Answered on Sep 08th, 2015 at 4:47 PM