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  1. #1
    Join Date
    Jun 2012
    Posts
    2

    Default Neighbor Refuses to Discuss Replacement of Falling Down Fence

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

    I bought a house last year in Valley Village, Ca. The fence bordering one side is covered in 30 year old vines that are knocking over a rotting termite infested wooden fence into my driveway. The neighbor on that side is a landlady to a multi-unit building she no longer lives in. I have had nothing but problems from her from the moment I moved in. Then, she had her manager build a white lattice fence (you can see each other through) on her property along part of the building and left the old posts and falling down fence with vines on my side without consulting me. Now, I want to remove the fence/vines and put in a redwood fence partway (from my garage to the back of our property) and wire mesh fence with ficus hedge growing through for the rest of the length of the property (so that we will both have privacy since her building is two stories looking onto my backyard.) I only have her brother's phone number (the manager of the property gave it to me) and he has said twice that she will call me, but she is refusing to do so. Also, her brother says that she says that she doesn't want the vines removed because of privacy. I only want her to pay for half of the redwood fence we will share, and half of the removal of the vines event hough she will benefit from the hedge. At this point, I can't even get her to call me. Meanwhile my workers are waiting to start the job. I have my quotes and went with the least expensive.

    Cost: Vine removal- $2,500.00
    Redwood- $930.00

    Her half: $1482.50

    What do I do, so that it's legal and fair? Also, since she moved out of the building, I have no address to serve her with papers, except a PO box I found online.

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Neighbor Refuses to Discuss Replacement of Falling Down Fence

    First and foremost, is the rotting fence on your side, her side, or is it on the line? If you don't know, then it is time for a survey.

    If it's on your side, and is your fence, it is likely your fence to repair.

    If it is on the line, there are laws in CA that cover shared responsibility for a fence.

    If it's on her side and falling onto your side, it may be her responsibility.

    So perhaps get a survey, and definitely speak with a local real estate attorney about the nature of fences in California.

  3. #3
    Join Date
    Jun 2012
    Posts
    2

    Default Re: Neighbor Refuses to Discuss Replacement of Falling Down Fence

    1. The rotting fence was on the line and now it is falling onto my side. She put a lattice fence up on part of her side.

    2. I know in california I can sue her for half.

    3. I wanted to know if because she went ahead and put a lattice fence on her side (without my permission or even telling me about it), can I build a redwood fence on the line (where the old one was). The redwood fence is comparable to what used to be there, while the lattice she installed is not. And if I do this, can I then sue her for half of the cost as well as half the cost of the vine/fence removal which is extremely costly.

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