San Jose, CA asked in Real Estate Law for California

Q: Can I go forward building a new boundary fence and legally make them pay their half when my neighbor Is unresponsive?

I’ve gone over to my neighbors house several times to talk about replacing the fence and they won’t answer the door. I dropped off a note with an enclosed quote from the fence company I want to use and asked them to get back to me within a week. Still didn’t hear back from them. I went over one last time, noticed they brought in the note I left. I could hear them come to the door but they refused to answer or acknowledge I was there even after I identified myself. It’s a weird situation and I’m unsure how to proceed.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: Initially you need to be sure of your boundary. This may require a title search and/or a survey. But then put your fence up, at your own expense. It is not anyone else's financial responsibility. You probably need to flag your boundary where you want the fence company to put the fence.

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