My question involves real estate located in the State of: California
The property line divides our backyard from the neighbors walkway which is used by tenants to access 2 condominium entrances. Our yard has a retaining wall and grapestake fence on our property to give privacy to our backyard. Prior to us buying our property, the neighbor had a cyclone fence to separate the property but she took it down when the previous owners of our property installed the grapestake fence. I'm not sure if they installed a retaining wall or if it was always there.
Our neighbors just informed me that after we had some stone patio work completed 2 1/2 years ago, our builder reset the fence post on one end such that the fence overhangs on to the neighbors property line by 4 inches. She wants the fence posts reset so that everything is back on our property.
I'm o.k. with resetting the fence posts but the entire fence has noticeable termite damage, beginning to lean and probably needs to be replaced. Question: Is my neighbor responsible for any cost of replacing the fence (Cost estimate is $1700) or at least the wood retaining wall? The retaining wall does control erosion from her property onto ours. Her property sits about 2 feet above our property.
She is a good neighbor but refuses to share any of the costs. It seems she benefits somewhat but would like to know other opinions. I appreciate your comments even if I am considered to be responsible for the entire cost.