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Damaged Fence Footings and Replacement Fence, in California (Real Estate & Property Law)

Mon, 26 Nov 2007 10:28:00 GMT
Tags: california, chipping, concrete, contractors, damaged, estate, existing, fence, footings, house, law, pour, preperation, property, real, replacement

Good morning...I will try to make this short.

We had some contractors do work on our house in preperation to pour concrete (chipping away existing walkway, etc). They chipped away the footings of the "shared fence" (we werent there and didnt know this happened until after we fired them).

The fence is already on the verge of falling down (had been re-braced 5 years ago and has extensive dry rot and termit damage), however we told the neighbor we would pay 50/50 for a new replacement fence since the workers damaged the footings...then we marked the property lines and its actually her fence not a shared fence as thought before.

Now she wants us to pay for 100% of the cost of a replacement fence and we are REQUIRED BY THE CITY to put a new fence on our side of the peroperty line (which per Civil Code 841 we dont have to have a fence). She thinks the fence was fine, and now that the footings are damaged that we should replace the entire fence (and on our property which doesnt make sense).

We said we will cover the cost of new footings and any 4 x 4 posts that were cracked. We also discovered that 2 of her posts are on our property in which need to be moved to pour our patio walkways.

How can we get her to move her fence posts? And how much would we be responsibile for in the replacement? This has been ongoing for almost 3 months now and we want to pour concrete before the rain.

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  • Tue, 27 Nov 2007 11:11:00 GMT(1)

  • Quoting Rodeo

    Now she wants us to pay for 100% of the cost of a replacement fence and we are REQUIRED BY THE CITY to put a new fence on our side of the peroperty line (which per Civil Code 841 we dont have to have a fence).

    Can you complete that thought, as you are stating two contradictory things. I suspect you meant to say that your neighbor believes you have to have a fence, but in fact you do not.

    Get a quote to repair the damage you caused, and offer that amount.

    Her fence has been there for a long time, so you may not have a current legal right to force her to move the fence posts.

    You could consider agreeing to take down the fence, then putting a new fence on your property. That would end the issue of where her footings are. You would want to be very clear in what you are doing, and get some sort of written agreement with the neighbor, so she doesn't end up trying to claim ownership of your fence and the land it is on.
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