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My contractor is refusing to do stucco already paid for on…

My contractor is refusing to...
My contractor is refusing to do stucco already paid for on the side of my house. He insists it's trespassing and saying that I have not properly notified the neighbor and that they will call the police on him.Can someone help me with what is the adequate legal way to handle?
I've already written a note and a certified letter to the neighbor. However no response the person who used to live there is impaired and not the legal owner (claims to be her nephew) and it is unclear if anyone is still there the property is dilapidated and there is a broken window not fixed for months.The stucco side is 4' away from a rickety fence. We expect to need to repair the fence after the stucco. This will result on my contractor having to be on the neighbor's property. The fence I already offered to pay for 100%.
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Answered in 4 minutes by:
7/27/2017
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,876
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
Verified

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades.

The contractor has a point. If they cannot avoid stepping onto the neighbor's property when they install the stucco, then you must obtain advanced permission from the neighbor for the contractor's workers to be on the neighbor's property. Without permission, those workers could be cited, or even arrested, for trespassing.

If there is 4 feet to work with then the contractor should be able to do the job and remain on your property. If they will not, all you can do is demand a refund for the work not done and hire a different----less frightened contractor----to finish the job.

You may reply to me again if you have additional questions, and I will be happy to continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

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Customer reply replied 11 months ago
Hello, thanks a lot for the reply. So are we saying there is no way to legally notify the neighbor of work on shared fence? What would happen if the fence collapses? Am I not allowed to fix it even then?

Good morning,

The fence is not a big deal. It is deemed under CA law to be owned by both of you and you can do anything you want to the fence as long as you then repair it. The concern I have would be the workers needing to get on the other side of the fence for some reason. That they cannot do without permission. But you are free to damage the fence if need be so long as you fix it when you are done.

Thank you for your kind words. They are very much appreciated. Unfortunately, your gratitude alone is not sufficient for me to be compensated for my having assisted you, as I am not an employee of the site, but an independent site expert. I am not paid unless you rate my service.

I need for you to rate my service to you by clicking on the rating stars located on your answer page---preferably 5-stars. It is that easy.

Thanks in advance.

I wish you the best,

Doug

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Customer reply replied 11 months ago
Hi Doug, I understand and will submit the 5 star rating. But I just don't understand this part of your reply. It's not possible to fix a fence without being on both sides of it... Also my questions was - what is the legal to handle i.,e. what is needed to obtain the necessary permission?
Customer reply replied 11 months ago
I understand and agree w/ my contractor that it is necessary to obtain permission. I do not understand how to obtain permission from a non-present non responsive owner and what kind of permission is needed.

Hi,

It is possible to repair most fences without trespassing. And if that is the only problem you have, fix as much as you can from your side and wait for the neighbor to ask about the fence and then offer to pay for their side to be fixed.

You cannot legally get permission to trespass on anther's property---so you have to work outside the legal system to get permission from the owner or from whoever is living there. If no one is living there then there is no one to call the police---right? In that case I would not worry about it.

When I say permission, I am not talking about some specific law. I'm talk9ing about you speaking with someone at the house and them saying, yes, you can come on our property to complete the job you have. It is really nothing more complex than that.

LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,876
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Customer reply replied 11 months ago
Thank you for the excellent explanation

My pleasure!

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.

Doug

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