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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Default Replacing a Shared Fence or Wall - Can a Neighbor Require That it Be Moved

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

    I have a shared block wall which is leaning and has cracks and exposed rebar. I am paying for the new wall 100%. The neighbor wants the new wall to be on my property , not down the property line. This is fine. They will not let me start demo and construction until their lawyer draws up a document saying that I will build the new wall on my property. It has been now 3 weeks and still no document, is there anything I can do? I really need to get the wall done quickly for events that I have planned at my house and other personal reasons. It has delayed any landscape work as well.

    help

  2. #2
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    395

    Default Re: Shared Fence Issue

    Send them a certified letter giving them two weeks and then you start, letter of agreement or no. Ensure that you know where the property line is before you start. Do you have a survey map that shows that the walls are on the lines or that shows corner monuments (markers)?

    Many residential developments (subdivisions) in southern CA have the whole neighborhood built with block walls on the lot lines since the original construction. If that's the case in your situation, placing the new wall entirely on your property may not be such a good idea since the wall is the boundary monument. You would effectively be giving your neighbor the extra lot width and the wall has a high likelihood of eventually being recognized as the true boundary line.

    CA law states that adjoining landowners are equally responsible for the maintenance of boundary fences (or walls). If the wall is in desparate need of repair, the neighbor is as legally responsible as you are. If you choose to take on 100% of the cost, that's your prerogative, but you are not required to move the new wall entirely onto your lot because the neighbor objects. Especially if you are using like materials to the wall being replaced, it is best to put it back where the old wall is.

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Shared Fence Issue

    Thanks for the info. They think the wall is fine and should just be patched and said they would only give me permission to demo the current wall if I put it on my side of the prop line and have the a surveyor come out and verify the line. I have a survey from 2 years ago that shows the wall "on line".

    At this point I don't mind the wall being all on my property, then it is truly my wall and they can't paint, place anything on top of or do anything to it.

    What possible legal issues can I face if I just go ahead demo the wall? I am going to do everything they request, just that I can't wait for their lawyer anymore to produce a document.

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