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  1. #1
    Join Date
    Jun 2008
    Location
    California
    Posts
    5

    Default Shared Fence Lines - California Civil Code, Sec. 841.2

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

    After a couple of years amongst all of our neighbors admitting fences needed to be replaced, I have two neighbors that will not even give me the time of day.

    I did the research, met with three contractors and narrowed down the selections with all of the details to pass along to four neighbors. Six weeks prior to the start date we spoke with two of the neighbors and they were in agreement. The other two would not even acknowledge us standing at their front door, returned mail and now that the fence has been replaced they say they did not agree to anything.

    I have photos of the old fence that was about to fall over on all three sides.
    Yes, I did sign the contract to have it done (since no on else was taking the lead) but does that make be responsible for the full amount. It's in the neighborhood of 2k.

    Would I be wasting my time getting further legal advise?

  2. #2
    Join Date
    Jan 2006
    Posts
    25,706

    Default Re: CA Civil Code 841.2 ~Shared Fence Lines

    841. Coterminous owners are mutually bound equally to maintain:
    1. The boundaries and monuments between them;
    2. The fences between them, unless one of them chooses to let his
    land lie without fencing; in which case, if he afterwards incloses
    it, he must refund to the other a just proportion of the value, at
    that time, of any division fence made by the latter.
    there are 2 questions that need to be answered.

    1. do these other neighbors have the rest of their land fenced? If not, the fence may not be seen as a common fence.

    2. have you had a survey to prove the property line? If not, the fence may actually not be on the line and belongs to one or the other of you.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Jun 2008
    Location
    California
    Posts
    5

    Default Re: CA Civil Code 841.2 - Shared Fence Lines

    1. Their yards are fenced in on three sides. Same as mine. (Standard track home).

    2. No survey was done since the new fence was going up where the old one was.

    At this point I welcome any advise.

  4. #4
    Join Date
    Jun 2008
    Location
    California
    Posts
    5

    Default Re: CA Civil Code 841.2 - Shared Fence Lines

    Should I have a survey done before pursuing requests for reimbursement?

  5. #5
    Join Date
    Jan 2006
    Posts
    25,706

    Default Re: CA Civil Code 841.2 - Shared Fence Lines

    Quote Quoting shamzie
    View Post
    Should I have a survey done before pursuing requests for reimbursement?

    If you really want to try to claim part of the costs, yes, I would. If you have no survey, how would you argue the point if he said the fence is withing you lot line a couple inches or within his a couple inches which would make it not a common fence
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6
    Join Date
    Jun 2008
    Location
    California
    Posts
    5

    Default Re: CA Civil Code 841.2 - Shared Fence Lines

    Thanks.
    I should have come here for advise instead of the city and county BEFORE the project was complete.

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