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J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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California Laws about fencing and retaining walls

Customer Question

California Laws about fencing and retaining walls
Submitted: 7 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 7 years ago.

Absent the neighbor's permission, you cannot cut the rosebush under California law, whether it is touching your wall or not. While you have his oral acquiesence by his statement that it was "your responsibility", I would require his express permission in written form. I would also want his general permission in written form to access is property in order to repair the wall.


If the wall in entirely on your property, it is your sole responsibility to repair (even though it may be providing benefit to the neighbor as well). If the wall is on the property line and you did not construct it, there may be an argument for shared repair, but that might be more trouble than it is worth given your neighbor's unhelpful disposition. It would also require a survey to prove it's location.



Please let me know, if you have follow-up questions.


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Customer: replied 7 years ago.
Do I have an obligation to replace the entire fence, or can I just replace the retaining wall and only the fencing that I need? I could care less if there is a fence between our house. I only need a fence in the back yard. I absolutely will take care of the retaining wall, though.
Expert:  J.Hazelbaker replied 7 years ago.
Yes. Unless you entered into some type of contract with the neighbor regarding the fence, or the fence is required by some homeowner association rule or zoning ordinance, there is no general requirement that the fence be fully replaced simply because it was there to begin with. You can replace what you want and remove the rest.
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Customer: replied 7 years ago.
Thank You very much, your advice has helped me to have some peace of mind concerning the direction that I will take.
Expert:  J.Hazelbaker replied 7 years ago.

You are welcome. Thank you for the Accept. I have left you postive feedback.


Please let me know, if you have any follow-up questions. I will get to them as soon as possible.