San Jose, CA asked in Construction Law, Small Claims and Municipal Law for California

Q: Hello, One of my neighbor's and I had been discussing the need to repair the fence between us. The damage was caused

by the tree on their side of the fence. It pulled up the cement and tilted one of the posts. I have photos of the damage and the tree. I had lined up someone to come give an estimate. I have email exchanges. The last we left it, she was going to coordinate the cement work with when I had the worker out. I never agreed to pay for any of it, because the damage was their fault. She had her husband and a worker come out and do all the work. When her husband and the worker were here setting the new post in cement, he talked to me briefly about doing the fence work. I never agreed to any payment. Now they are expecting me to pay way above normal per foot charges. Am I liable for any charges?

2 Lawyer Answers
Adam Stoddard
Adam Stoddard
Answered
  • Construction Law Lawyer
  • Santa Clara, CA
  • Licensed in California

A: You should refer to California Civil Code Section 841 which addresses homeowner's responsibilities and rights when it comes to fence repair with adjoining neighbors. You could just tell them to pound sand, but that wouldn't be very neighborly. I would suggest explaining what you said above in your question, and then offer to pay a portion. Worse case scenario you tell them you are not paying anything and then the onerous would be on them to file a lawsuit against you for reimbursement (likely small claims court). In court you could refer to Section 841 and may be successful with the evidence you desribe above.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Municipal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In situations like this, liability for fence repair costs can depend on various factors, including local laws, property agreements, and the circumstances surrounding the damage. Typically, if the damage was caused by a tree on your neighbor's property, they may be responsible for the costs of repairing the fence.

However, without reviewing the specific details of your situation and any relevant agreements or local laws, it is difficult to determine your exact liability.

1 user found this answer helpful

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