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What do I do when my neighbor won't pay 1/2 to repair the shared fence?
I live in California and bought my house 7 years ago. At that time a shared fence was already separating both our properties. Fast forward to today, after many years of weather wear there is a 16 foot section of fence that needs to be replaced. I've made numerous attempts at contacting the owners to go in on 1/2 the cost but keep getting the run around. The owner keeps having their "middle men" call me and giving me inconsistant answers. The last thing I was told was "She has repair people who will fix the fence, but if I call a contractor I have to pay for the repair myself 100%. Now its a little hard to believe they are willing to pay 100% themselves. According to California Civil Code 841we are both liable. I've Googled the owners and can't find a "home" number to call them directly and their "middle men" won't give me the number either. They just plain refuse to call me back. Its now Dec 21st 2009 and this has been going on since the middle of Nov 2009. So what are my options? I don't feel I should have to pay for a lawyer to get involved since its their legal responsibility to pay half. Any other suggestions?
4 Answers
- Anonymous1 decade agoFavorite Answer
Long question- simple answer
1) Get 3 estimates for the job
2) Have the fence put up
3) Submit a copy of the bill and request half. This will be sent by certified mail return receipt.
4) Wait 30 days and send a reminder, again certified mail, return receipt
5) After 30 additional days, file a law suit in small claims court
6)If you are not paid, then proceed with the suit. Bring all papers (estimates, certified letters and the receipts)
7) A judgment will be awarded to you for the amounts incurred + costs (do not forget to include court costs, certified mail costs and time out of work costs).
8) If the judgment is not paid, have a lien placed on the property until it is.
- 1 decade ago
go knock on their door...
try to settle your differences, otherwise just pay for it yourself and forget about it. No need to get a lawyer involved, that will end up costing you more than paying for a fence repair.
Source(s): Same situation regarding a fence installation - Anonymous1 decade ago
I think its better for you to try to underestand each other I mean your neighboor situation for example maybe he/she doesn't have money to pay for it or something else.
don't try to make big problem such us take lawyer and all these stuff
have a good day
best of luck
mustafa
