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?
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
