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  1. #1
    Join Date
    Sep 2019
    Posts
    2

    Default What Can I Do if My Neighbor Remove a Boundry Fence Without My Permission

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

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

    When I purchase this house 3 years ago the neighbor asked us if we wanted to go half on the replacement of the wood fence but they wanted to replace it themselves and have us paid for material. I suggested a vynil fence but they passed on it because it was expensive. Last year I build a pool in my back yard, to pass inspeaction I needed a 6ft fence. The existing (border line fence) was 5 ft. I asked the neighbors and send them a quote if they wanted to go half on a wood fence but they passed on it. I opted to put a new wood fence parallel to the existing fence in order to pass the pool codes. When we removed our fance from the back where we have no neighbors we gave them good wood pannels to help replace the uglier ones that devide our side, but they only wanted the gate fance from our front side. Well 8 months later they decide to remove the existing border line fence without letting me know, causing a problem. Their big dogs are dameging my fence by jumping and pushing on it when they see my small dogs. I talked to the Neighbor but he said we will get to it when we get to it, we are fixing our kitchen first. ( well why remove the fence if they were fixing the kitchen first? ) 5 months later my wife text the neighboor's wife for an update on when do they think they will have the fence back up and she went crazy, saying that we were selfish by putting up our fence and not letting them know (when we have a screenshot we send her and the quote I got for our shared fence) and that I broke the law by moving the border fence to my property and since its in our property there is nothing they can do, that their hands are tied. My wife said excuse me I didn't move nothing, I build mine on my property because you didn't want to go half on it. I didn't pay for my fence so we can share. You took the border fence down and not only you are using my strip of property but your dogs are ruining my fence. Neighbor told my wife not to contact her and that If she kept texing her about it, she was going to put a restraining order because we were harrasing her. We told her she had 3 options, to put back the fence (since they still had all the materials on a dump truck they rented and had there for months) to pay for half of what I paid or that I was going to seek legal advice. She then text back I am calling the police, Next day she called the police but they didn't do anything because that its absurd she just didn't want to hear it, she can not put a restraning order who ever she doesn't want to deal with. So my question is what can I do? If I go to small claims it will be for half of what I paid and damages to my fence from their dogs, but what about my strip of land? I would have to send her annual letters saying that she can use the strip of land (700 ft) but she cant have it or else if I don't do anything about it she can take over my land and if I ever want to sell and if the servey doesnt match the original I can have a broblem selling. Or Can I remove my fence and place it on the border line and have her pay for half of what that will cost plus half of what I paid for the fence? Or can I sue her for half of what a wire fence cost to be put in the border line, but since I have my fence can the Judge order to have the work done on her side of the property? Im looking for a solution, I dont want her dogs to keep dameging my fence and I dont want her to use my steip of land. What can I do?

  2. #2
    Join Date
    Nov 2013
    Posts
    6,412

    Default Re: What Can I Do if My Neighbor Remove a Boundry Fence Without My Permission

    Here is the California good neighbor fence statute. If you can't work it out with your neighbor, consult a local attorney to work it out for you.

    If you follow the statute you may have a shot of recovering damages. But if you don't follow it you will likely not.

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