Wednesday, January 22, 2014

On The Fence About Who Pays For The Repair Of A Neighboring Fence?

So your fence is in need of repair and you start to wonder, "Do I pay for this or is this something I split with the neighbor who's property shares this fence?"  We call this the "California Good Neighbor Fence Law" or aka California Code of Civil Procedure, Section 841.  Of course this question is asked all the time because, well.... it's a good question.  If this fence divides the area between you and your neighbor, then who is responsible for the upkeep?  Well, the simple answer is both of you.  If your neighbor also has a fence on another area that border's their land, then you two together are responsible for the section that is between your properties. I guess we would all hope that when our fence is looking worse-for-wear we could just stop by our neighbor's houses with a plate of cookies and talk over the cost for the fence repair and agree to an even split.  It's not always that easy though.  So, if you need a little fuel for your conversation with the neighbor, refer to the California Civil Code 841 and maybe still bring the cookies just as a good gesture.
                                                             
      

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