Property Line Fence Replacement in California

[dbholdstein]

My question involves real estate located in the State of: California

I live in an older track home where the wood fence is over 20 years old. I found 3 different contractors who gave me estimates for wood and vinyl fencing. My wife and I decided to go with the vinyl and approach our side neighbors with all three estimates (for both wood and vinyl). Both side neighbors agreed that vinyl would be the best. We had the side fences installed and it looks great, improving the look of the property.

The dispute is with the neighbor I have at the rear of our property. The owner in not on site and rents the property. They just recently bought the property 2 years ago and we have been on ours for 8 years. Their back yard is fully fenced with wood. Not the same style of wood fence on either sides of the fence (3 different styles, original being the common rear fence). The fence is falling apart and I have repaired it so many times that it is now becoming un-repairable.

I have approached her on the matter and but she insists that she wants wood for the rear fence, even though she is not consistent with the style of the wood fence. We want the vinyl, to keep the fence the same as the sides (majority of neighbors are installing white vinyl also), we have offered to pay the difference between the vinyl and wood ($1000 for wood, $1500 for vinyl, I will pay $1000 and she would pay $500), we both have dogs (we feel vinyl reduces the dogs ability to snoop into each other’s properties), and we have a pool so we are liable for the safety of others.

Since we cannot agree on the type of fence material to install, can I be sued for replacing the wood fence with a vinyl fence? I am now willing to pay for the whole thing since I am getting nowhere with her. We feel that it improve our property and it is safer for our neighbors and each other’s pets.

[Mr. Knowitall]

You want vinyl to match the other two sides of your yard; perhaps they want wood to match the rest of their yard.

They have a plausible case that, in the absence of an agreement to change, the replacement fence should be roughly the same as the one it's replacing.

We can't promise you that she won't go off the deep end if you try to replace the fence without her permission, even if you have a permit, or that she won't sue you if you put up vinyl, even if it's more attractive and of better quality than the fence you're replacing.