Q: Problems with neighbors about replacing a shared boundary fence.
I am building a new home and the shared boundary fencing needs to be replaced. The current chain-link fencing is outdated in function and appearance, breaking down, the foundation is broken and eroding, and in some areas do not completely follow the property lines. I have already sent notice to the neighbors in accordance with CCC-841 outlining the problems and my proposed alteration to construct a new fence. Both neighbors not only do not want to pay any portion of the fence, they feel the cost is excessively too expensive, the style is not to their preference, and ultimately they completely object to me touching the fence at all. We are going to be moving into the neighborhood for the first time when the construction is complete and the neighbors have been in their homes for 20+ years. Short of constructing the fence completely on my side of the boundary, or proceeding with the new fence despite their complaints without their contributions, what can be done? Prefer no lawsuits.
A:
Under the Good Neighbor Fence Act of 2013 (Civil Code §841), you've given notice of your intent to replace the fence. The law presumes that the shared border fence benefits both neighbors and each must share in the costs of repair, maintenance or construction. To enforce this requirement, you'll have to sue and get a court order for your neighbors to pay.
I assume that the costs are less than $20,000 for each side, and as such you can sue each neighbor for up to $10,000 in small claims court. I suggest getting a survey to verify the property lines.
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