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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2236
Experience:  Experience in residential real estate and commercial leases.
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We agreed to pay our neighbor $500 a section of our shared

Customer Question

We agreed to pay our neighbor $500 for replace a section of our shared fence, we gave her th $500, but they knocked our redwood fence panel and used our money to build a white fence on their side and left ours torn up.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry you are dealing with this situation. While this is an appropriate case to be heard in small claims. Typically small judges will not order injunctive relief, that is order a defendant to due a certain act (i.e. put fence back as it was). However, small claim routinely awards money damages for the amount you would have to pay a person to repair the fence in the condition that it was prior to the neighbor failing to perform the work as agreed to. It would be beneficial if you have to go to court to have bids to repair the fence include the amount as part of your request for damages.

An alternative to small claims would be to attend community mediation. However, given the unreasonable nature that the neighbors exhibit this may not be a viable option as it requires their cooperation in attending the mediation.

Here is a link to California small claims information and forms: http://www.courts.ca.gov/partners/documents/smallclaimschecklist-en.pdf

All my best & encouragement.

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Expert:  J. Warren replied 1 year ago.

I realize rating takes an extra step and effort but I appreciate you taking the time to rate my services. If you further questions please let me know.

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