Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

We share a fence with our neighbor. the fence is failing due…

We share a fence...

We share a fence with our neighbor. the fence is failing due to rotting wood, heavy rains and winds. Sections have fallen. Our neighbor verbally agreed to share the cost of replacement. We got an estimate, but now he says he's moving from California to Tennessee and won't help with the repairs. Can we lien his house for his share of the costs.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

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

Reported to whom? I did email the HOA but they said it's a matter between the two of us. The neighbor is a real estate attorney by the way

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, we emailed him at his law firm to ask him to grant my husband permission to enter his property in order to shore up the fence in the mean time. We can't afford the full cost of the replacement of the fence, so we are waiting. He said he's going to sell but we've seen nothing to indicate that.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
3/7/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,412
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Real Estate Law Question

Who does the fence actually belong to? Where does it sit on the property line? Do you have evidence to show it is shared? Also, you shared that he is going to sell?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Who does the fence actually belong to? (1) Per the CC&Rs for the HOA, the fence is shared and is the responsibility of the property owners. Where does it sit on the property line? Yes, the fence sits on the property line Do you have evidence to show it is shared? CC&R for the development. Also, you shared that he is going to sell? Yes, he told us that he plans to sell because he is moving out of California to Tenn. Of course, doesn't mean he will move that's just what he told us.

Thank you for the reply and detailed information. If he was going to sell he would want to have this replaced since a buyer would not likely want to take the home subject to a fence that needed repairs and have to incur the cost, when there is an issue with it. Now, before you can place a lien on the property, you would need to sue and get a judgment and he would have to refuse to pay. You could secure the judgment with the lien but the real issue is going after him and suing, showing that he is legally obligated to share in the cost of the repair. If it is rotting away and failing and posses a risk of danger or harm to someone, it would require the necessary repairs, as the homeowners could be liable. If he refuses to now pay, you would have to sue him and show he is required to share in the cost.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Did you get the picture of the fence?

Yes, I do see the need

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
I am hearing impaired but will call you.

We can continue online if you like. I shared my response above.

RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,412
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified
RealEstateAnswer and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Phone call session started
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 32,412
32,412 Satisfied Customers
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases

RealEstateAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I live in California. My fence needs to be replaced. I sent
Hi Pearl. I live in California. My fence needs to be replaced. I sent the 30-day notification with the information law requires. They said they need to wait for their other neighbor's decision and are… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
California civil code section 841: Neighborhood residential
California civil code section 841 : Neighborhood residential fence. contagious neighbors. One wants to replace whole fence, which the other believes is unnecessary and could be repaired rather than re… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
My neighbor replaced the fence between our properties with
My neighbor replaced the fence between our properties with the finished side facing his property and all the posts on my side, he wants me to pay half, since he has the benefit of the "nice" side, am … read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I share a back fence with my neighbor on the other side.
I share a back fence with my neighbor on the other side. After a very wet winter, the fence is damaged - it's at least 20 years old. I went over to talk to my neighbor about replacing it and he was un… read more
Andrew
Andrew
Attorney
Juris Doctorate
360 satisfied customers
We have a good neighbor fence that is falling over. The
We have a good neighbor fence that is falling over. The neighbors planted 3 shrubs that grew untouched into trees pushing on the fence. The neighbors also like to over water their yard resulting in th… read more
socrateaser
socrateaser
1,452 satisfied customers
I live in a neighborhood in North Texas. Prosper to be
I live in a neighborhood in North Texas. Prosper to be exact. My neighborhood has a HOA. Any changes to fences etc must be approved by the HOA. We have a shared back fence with 2 other neighbors. Acco… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I live in CA and the wooden fence that is shared on our property
I live in CA and the wooden fence that is shared on our property line, but owned by my neighbor has failed and the fence has fallen onto our side of the property. My husband has it staked up so it won… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,201 satisfied customers
We have lived in a house 10 years. There is a fence that straddles
We have lived in a house 10 years. There is a fence that straddles the property line- part is on our property, part is on his. The fence was there before both of us owned the property- at least 20 yea… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I live in California and I have a good neighbor fence that
I live in California and I have a good neighbor fence that needs to be replaced. I sent a letter to my neighbor a few months ago to propose that we go half on replacing the old fence. My neighbor resp… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Please only California Real Estate Attorneys with Easement
Please only California Real Estate Attorneys with Easement Recent Experience verifiable must respond: LOS ANGELES: I had a shared open view chain link fence 4' since 50's in the back but still was in … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I own a condo in NYC for 11 years. In 2010 all decks were
I own a condo in NYC for 11 years. In 2010 all decks were changed. In 2012 I installed an Anderson door that leads to the deck. During hurricane Irene my downstairs neighbor got water in her home thro… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,428 satisfied customers
Here is a brief summary.... After a three day wind and rain
Here is a brief summary.... After a three day wind and rain storm, a large tree (50"+) fell from the community property onto the property of a my neighbors back yard (no visible damage as of yet), the… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I am at the end of my rope with my neighbor over replacement
I am at the end of my rope with my neighbor over replacement of our shared fence. It's 27 years old. All three sections have fallen apart over last 3 years. I have (with full cooperation from other ne… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
My fiances neighbors tree fell on their common fence and
My fiance's neighbor's tree fell on their common fence and broke it. Since the wood is rotted, he checked with her and asked about replacing it with a vinyl fence. She gave her verbal ok. He got estim… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
My neighbors tree fell onto my property damaged a my wooden
My neighbors tree fell onto my property damaged a my wooden fence. Heavy wind storms and is my neighbor responsible for the repairs… read more
C.Fortunato
C.Fortunato
J.D.
26 satisfied customers
Good Afternoon, I live in Simi Valley, California. My neighbors
Good Afternoon, I live in Simi Valley, California. My neighbors and I both share a community fence between our yards. I don't know how old the fence is. We both own our homes. The fence has termites a… read more
Maverick
Maverick
Doctoral Degree
6,146 satisfied customers
I live in a stucco townhome with wood framed windows. We have
I live in a stucco townhome with wood framed windows. We have an HOA. I have a wood window frame that has rotted from water damage and needs to be replaced.. The covenants state the HOA is responsible… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
We purchased a house about two years ago in Texas. The seller
We purchased a house about two years ago in Texas. The seller didn't disclose any information about leaks in house. Within the first year we started to notice several areas where the house leaked, und… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x