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Re: Does Ca. civil code 841 apply where an existing fully…

Re: Does Ca. civil...

Re: Does Ca. civil code 841 apply where an existing fully functional chain link fence and hedges already exist? Our neighbor built a new fence on his property and is demanding we pay for materials.

Lawyer's Assistant: Has anything been filed or reported?

No he is demanding payment by May 18th or he will take legal action on us.

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5/12/2017
socrateaser
socrateaser, Lawyer
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Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors,and I have comprehensive knowledge of California real estate law.

If a boundary fence already exists, and requires neither maintenance nor replacement, and a neighbor voluntarily demolishes the fence and installs a new fence, you would have no liability for the new fence, except to the extent that there were provable costs required to repair or replace the old fence.

Civil Code Section 841 raises a "rebuttable presumption" that you are equally obligated to maintain the fence. The presumption is overcome by proof that the existing fence was in serviceable condition and require neither repair nor replacement. If you have no photographic proof, you may be able to use a witness, such as a cohabitant, friend or neighbor to testify that the fence was serviceable when it was demolished by the neighbor.

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Customer reply replied 1 year ago
The existing fence was not demolished still in great condition the frame work of existing fence was used to support the neighbors redwood slat fence yet he aggressively insists we pay for materials

If the existing fence remains in serviceable condition, then photos of the fence for the court would be sufficient to overcome the presumption of equal liability, and you will have no liability for the neighbor's new fence.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf.

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