Shared Fence Replacement

[pamwilson1]

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

There is a section of fence dividing my property from my neighbor's property. We had an estimate to get the fence replaced. We have called many times asking to help pay for the fence, and we are getting no response. I plan to send a certified letter asking for his help.

Q1: I know about CA Civil Code 841.2. But what is my recourse if he chooses not to split the costs?

Also, we have owned the home for over almost 15 years. We found out some time ago that part of the fence bends to give my neighbor use of part of my property.

Q2: Am I entitled to get back that portion of my property when I replace the fence?

[Mr. Knowitall]

If you have a valid claim for 1/2 the cost and he refuses to reimburse you, your recourse is to sue him.

Do you have a survey to establish the actual boundary line? Does your neighbor agree with your survey, and that the fence is not exactly on the boundary line? Have you discussed relocating the fence to the property line? I would be inclined to move the fence if it were my land, but I would want to be sure that I knew the location of the actual property line, and would very much prefer to have my neighbor's consent.