Can I Force A Neighbor To Repair A Fence Ca

What is information technology and How Will it Help Me?

Everything you need to know about the California Skillful Neighbour Fence Law!

If your in demand of a new division fence between you and your neighbors adjoining backdrop, and a dispute arises, you may be at a lose of what to do. The about common dispute is who will incur the costs and whether or not in that location should exist a shared responsibility due to the equal benefit the fence will accept. If this sounds familiar then your in the right place and your trouble is presently to exist solved with The California Good Neighbour Police also referred to every bit California Civil Code 841 or The Good Neighbor Fence Act of 2022.

Boundary Line Fence Disputes

There are many reasons disputes may arise betwixt neighbors when it comes to fences. From purlieus line disputes, to one of the more than common issues, which is the neighbor(south) outright refusal to help pay for the cost of a new fence, maintenance or repairs.

Most would concur that, aye, in most cases, splitting the cost is the correct thing to do and "fair". Despite this, many neighbors will downright decline to pay a penny towards the costs.

Whether they are facing financial hardships of their own, are very tight with their money, or just accept no pride in the upkeep of their belongings, the refusal usually comes from the misconception that they are not legally responsible to pay. Where on globe this conventionalities always came from is unknown, but it is widely accustomed and 100% wrong!

What Do I Practice?

Then you lot are presented with the aforementioned predicament? It wouldn't be fair for y'all to pay for the whole fence, and the law is clear that you don't have to.

CA Civil Code Section 841

Hither is the Bodily Police for those of you who like reading this sort of stuff – Ceremonious CODE Section 841

And for those of you who would rather read a layman'south description of the California Good Neighbor Contend Law, here goes…

CA's Good Neighbor Fence Law Summary

In California, two people whose properties edge each other are both required to maintain an existing argue between the backdrop, with only a few exceptions. In brusk, each owner has to pay half of the price of maintaining or replacing the fence.

Exceptions to The Good Neighbor Argue Police force

Of form, like many laws in that location are exceptions.

If your neighbour has never fenced his country, he does not take to provide a fence that only actually serves yous.
- This applies to those who live in rural areas where fences are not equally common and many landowners don't desire to build or maintain a fence around their property. In this case, if a neighbour builds a fence, the fenceless owner doesn't have the pay for it. Unless the fenceless possessor someday decides to argue in his own property benefitting from the already existing division argue. In that case, he has to pay the other possessor for one-one-half of the already existing fence. To put it much more simply, If a belongings owner benefits from the contend, he has to contribute to its price.

What if My Neighbor Doesn't Care if Fence Falls Down

A lot of people make the argument that since they don't care if their property has a fence or non, they aren't benefiting from the contend. Well, information technology's simpler than that. If the neighbor has a fence effectually his firm, whether he likes information technology or not, a court volition observe that he benefits from the debate. Menses.

For case, in the expanse where y'all alive, all of the houses have had fenced yards going mode dorsum to the 1950s. Your neighbor is on the hook for one-half of the new argue.

However, you lot tin can exist correct and still have to pay for the whole fence. This is if you don't take the proper steps leading upward to the construction of the fence.

The Proper Legal Steps to Take to Ensure Victory

If you take always sat through a pocket-sized claims courtroom session you lot undoubtedly saw at least one litigant going after a neighbour to pay for half of a fence. It happens all the time.

So what do you do?

Start out by documenting the electric current status of the debate. Include good colour pictures.
Call a minimum of 3 fencing companies, such as RC Fences and Decks, and get clear and concise bids from each!
Print out a copy of the Notice of Intent to Alter Shared Boundary Fence. Fill it out fully and transport it to your neighbor past certified post with a return receipt requested a minimum of 30 days before beginning structure.
Schedule 1 of the fence contractors, nearly probable you'll want to choose RC Fences and Decks, due to their superb attention to particular along with their reasonable prices, but go on all of the bids so you tin can show that the cost was reasonable.
Once the fence is completed, make payment in full to the contractor, making sure to keep all documents such every bit invoices, receipts, copies of your bank check, etc. for court!
Make a demand to the neighbor for half of the costs.

If he even so refuses now you volition demand to go down to the courthouse and file a pocket-size claims suit against your neighbor and pay the small fee.

Prepare for your Court Date

When you show up for courtroom be prepared with the pictures, the bids, a copy of your check, a copy of the thirty mean solar day notice and proof of service, likewise every bit a re-create of Code of Ceremonious Procedure section 841.

Equally the law is on your side, the example is a sure win, every bit long every bit y'all followed the proper procedure outlined above. The only consequence is now you must collect the amount ordered to exist paid to you. This, as many people know, can be a whole other upshot, and data on the collection can be found on your local county court self-help website.

If you have any further questions regarding California'due south Good Neighbor Fence Law call RC Fences today and we can walk you step past pace through the unabridged process to brand sure you don't make any mistakes and chance having to pay the entire cost of your new beautiful argue!

For more than data or questions delight telephone call RC FENCES @ (925) 405-7658 or email at info@rcfences.com.

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