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damaged fence on foreclosed property (Real Estate & Property Law)

Thu, 10 Jan 2008 14:50:00 GMT

What is the name of your state? California
Recently a storm damaged the boundary fence between my neighbors house and mine. I understand that the neighbor is responsible for half the cost of repairs under California code. However, in this case the property next store is in foreclosure and is bank owned.
I would like to get the property repaired as soon as possible because I own a pool and there are safety concerns. However, the corporation that owns the bank is dragging its feet. They have actually stated that we are the ones that need it done quickly since we have the pool and they aren't in any real hurry to do anything about it.
My question is what are my rights here? Can the bank actually sell the property to someone without repairing the fence and then it becomes the responsibility of the new owner? If we were to go ahead and fix the fence on our own, would they still be responsible for half the bill? How long should we wait for them to take some action?

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  • Thu, 10 Jan 2008 17:21:00 GMT(1)
  • Quote:

    Originally Posted by lseddon

    What is the name of your state? California
    Recently a storm damaged the boundary fence between my neighbors house and mine. I understand that the neighbor is responsible for half the cost of repairs under California code. However, in this case the property next store is in foreclosure and is bank owned.
    I would like to get the property repaired as soon as possible because I own a pool and there are safety concerns. However, the corporation that owns the bank is dragging its feet. They have actually stated that we are the ones that need it done quickly since we have the pool and they aren't in any real hurry to do anything about it.
    My question is what are my rights here? Can the bank actually sell the property to someone without repairing the fence and then it becomes the responsibility of the new owner? If we were to go ahead and fix the fence on our own, would they still be responsible for half the bill? How long should we wait for them to take some action?

    Your best bet is to get an estimate to repair the fence, and present the estimate to the corporation. If they refuse to pay half of the estimate, have the fence repaired, then sue the corporation in small claims court. Once you obtain a judgment, if the corporation stiff refuses to pay, you will be able to put a lien on the house, and that lien will need to be satisfied once the house sells.
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