QUESTION
My rear property line divides my parcel from the HOA common property. Who owns fencing that is ON the proerty line?
Asked on Oct 15th, 2015 on Residential Real Estate - California
More details to this question:
The fence went up in 1977. Have been in the property for past 20+ years. Have never maintained the fence. HOA staff have periodically repaired it. Now, a first, the HOA is asking me to repair/replace the fence. Yeah, I know it'd not be a lot of money, but seems to me they've committed themselves to maintaining that fence. They tell me it's on the property line, have not had it surveyed. They claim the developer intentionally placed the fence ON the line! Thank you.
1 ANSWER
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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 the HOA, as 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 Oct 24th, 2015 at 12:40 PM