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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.

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Answered in 5 minutes by:
3/7/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 30,914
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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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

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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?

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Customer reply replied 1 month 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.

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Customer reply replied 1 month ago
Did you get the picture of the fence?

Yes, I do see the need

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Customer reply replied 1 month ago
I am hearing impaired but will call you.

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

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