Oh No, My Neighbor Just Won’t Agree About Our Fence!
Well, the old saying is that “Good Fences Make Good Neighbors” but that’s not always true. Sometimes you can agree but sometimes you just can’t come to good terms. In most states both neighbors are required to split the cost of replacing or repairing a fence and both sides must have the same grade of finish.
In fact California’s new “Good Neighbor” Fence Law updated its law regarding “Good Neighbor Fences” by the California Legislator defining that a common fence is one dividing two properties. So, if you actually paid to put up that fence, your neighbor is obligated to reimburse you for one half of the “reasonable cost” of that fence. There is much more required of this law than the old one of the 1870’s. In other words, the neighbors must equally benefit from the common fence, and that cost should then be equally be shared. It defines the circumstances under which both parties are assumed to equally benefit and overcome any problems.
You must advise the owner of the property (not the renter) of your intention to build a new fence or to do repairs in writing at least 30 days in advance before work begins. This notice must include that, under California law, the adjoining landowners are “presumed to share equal benefit dividing their properties and unless agreed to in written agreement, shall be presumed to be equally responsible for reasonable costs of construction, maintenance, or necessary replacement of the fence.” You should let the owner know the problems with the fence, how you propose to repair them, estimated costs, proposal of how to spit those costs, and timeline for the work to be completed.
It’s best to have a conversation with your neighbor, if possible, so that these things can be worked out because the Courts may or may not agree that all of these things fairly benefit both neighbors. If undue financial hardship is imposed on one neighbor the Court will take that under consideration, though that financial hardship must be proven. The reasonableness of the project may be questioned based on the “the result of your own personal aesthetic architectural, or other preferences.” And, of course, a catch-all by which the Court may consider other equitable factors appropriate for the specifics of any individual case. Check with the Court system in your own area for the specifics there. Contact city, county, state code and don’t forget to check your HOAs.
Now, what if you have a neighbor that just won’t agree with any fence material that you suggest? They have an old, run down fence and you want it replaced? Yes, you can go to Court and fight that problem. However, you’ve decided that’s too much of a hassle. If you want a fence that stays up and looks nice, put it on your own property and maintain it yourself. Best if you put it 2 – 3 inches in from the property line. That’s a real line, not something you think is the property line. The problem is solved for 15 – 20 years. The next door neighbor is unable to hang anything from your fence or that is illegal. After 15 – 20 years (depending upon the state) it may be possible that he/she can claim “squatter’s rights” and fight for those 2 – inches of property if it’s been used in any way. You should keep an eye on the calendar to reclaim that property at that time, avoiding any squatter’s rights. Check with your Court system to be sure you’re not affected in your area. In the meanwhile, enjoy your fence with no hassle.
There is nothing that says that friendly neighbors can’t work out an agreement outside of this procedure so just having good communication and putting everything in writing is most important.