Do I have to pay for half of the repair of neighbors existing fence which is 3 feet over the property line on his side?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have to pay for half of the repair of neighbors existing fence which is 3 feet over the property line on his side?
We built a home and the county demanded that we find property line we discovered that the neighbor had build his fence at least 3 feet onto his own property. Now the owner is demanding that we pay half the cost claiming it’s a common fence. He also wants to make the fence higher by 2 feet. Our property is not fenced. Neighbor behind is fenced. He says our libility is greater than his as he has a pool and our tenants have children, is that true? I don’t agree with him as it’s his pool not ours. The fence is on his property by 3 feet and was there way before we built home.
Asked on July 12, 2012 under Real Estate Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
If the fence is on his property---it's his fence and his responsibility not yours. Exposure to liability doesn't matter. If you want to be a good neighbor, pay for half the fence cost. If you don't have the money or don't care about being a good neighbor, legally you have no responsibility for the fence.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.