My question involves real estate located in the State of: CA
I have a question regarding what is typically referred as Boundary fence between homes. I have an existing fence between my house and the next door which is in poor shape. few years back, I replace the other fence on the opposite of my house with my other neighbour with no problem at all. When I approached the left side neighbour, he wanted to set up a fence which was at the time not legal and according to the local code. Furhermore he wanted a certain style that would cost much more than conventional. At least 4 years has passed by and lots of arguments oer other issues not related to the fence. To the point I had to call police to remind him of his behavior. He is not liked by just about most people in the neighbourhood. I have recently checked with the local city hall, and was informed up to 7 feet tall Fence is allowed.
In the past six to 8 months twice I have mentioned to this neighbour the fence needs to be replace and he just doesn't listen. I have now decided to erect a new fence on my side in my property in parallel to the existing fence, at a rather higher price, because I hae concrete which needs to be taken out in order to put fence Post. My question is once I put the fence up on my property, can he legally remove the boundary fence ( the existing fence) without my consenet which I will never give! He can put another fence on his side and the current one will just mark the boundar between the houses.
What is the proper way to go about this, since we don't talk anymore. I would like to know the law, and if there is a special form where I can simply fill out, have it registered mail, and advise him of what we intend to do. Give him so many days, before the fence people show up. If he does take the fence down which I own 50%, what are my legal routes. looking forward to legal advise.