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Ellen, Lawyer
Category: Criminal Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Our neighbor took down our mutual fence in the middle of the

Customer Question

Our neighbor took down our mutual fence in the middle of the night. He wanted to make it taller but the fence was in fair condition. He put all the fencing on his side and the beams on our side He nailed and stapled plastic and weed abatement material on our side so it looks hideous when we are in our yard. Can we tear the material off under California Code Civil Code Section 841?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Ellen replied 6 years ago.

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

If the fence is on your neighbor's property, you cannot remove it absent a court order or his permission. That said, you may file a civil action against your neighbor for trespass and civil conversion of your fence
Customer: replied 6 years ago.
We are not interested in removing the fence--just the offiensive materials on our side which prevent us from enjoying the fence. It appears to me that California Civil Code Section 841 allows us to do this. Is that your interperation of the code
Expert:  Ellen replied 6 years ago.
Here is the statute that you are referring to:

Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them;
2. The fences between them, unless one of them chooses to let his
land lie without fencing; in which case, if he afterwards incloses
it, he must refund to the other a just proportion of the value, at
that time, of any division fence made by the latter.

I understand that the new fence is on your neighbor's property and therefore the statute does not apply

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