Q: I share a back fence with another residence and the fence needs to be replaced (falling down in parts and rotting wood).
I am aware of the California “Good Neighbor” Fence Law and the steps necessary to ensure compliance with the law so that that the cost for building the common fence should be equally shared.
The rub is, the present occupants are renters and even though I have the name and address of the property management company, I'm not sure of who the landowner is at this time.
My question is: 1) To comply with the legal requirements of Section 841, can I give the 30 days written notice and other required details about the fence to the property management company in lieu of the actual landowner? Would they be as stated in Section 841 "an "entity that lawfully holds any possessory interest in real property" being considered the landowner for this purpose?
A: You can check the County recorder's office re: property ownership. You can also contact via email or letter the property managers to ask if they accept service of process for the landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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