Can I replace a fence without my neighbor’s permission?
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Can I replace a fence without my neighbor’s permission?
Parts of our fence fell down in a recent windstorm. It’s original fence and is 25 years old. Our neighbors got a quote to repair the fence for $700, we got a quote to replace the fence for $2000. They said they couldn’t afford the replacement so we offered to pay for it up front and they could make payments to us. They said no. Then, they said they could give us $500 towards the replacement. We said no
problem. We just want 3/4 of the fence on the nice side since we’re paying for it. They said no. They don’t want the ugly side of the fence, they want a good neighbor fence. I have no problem with that if they paid for half. Now they want to go back to repairing it. Legally, can I pay for the entire fence and get the nice side without my neighbor having a say in it?
Asked on February 3, 2017 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Whose property is the fence on? If on their property, they control what happens and you cannot repair, replace, etc. unless they let you. If exactly on the property line between you, you both have to agree, so again, you need their consent. But if wholly on your property, you can do anything you like with it, at your expense (it is your fence). If the current fence is on their property or the property line, you could put a new fence "inside" it, on your property (even if only slightly or barely on your property) regardless of what they want.
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