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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 44546
Experience:  17 years real estate, Realtor. Landlord 26 years
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My neighbor has a fence he said its his but my husband said

Customer Question

my neighbor has a fence he said its his but my husband said to measure the land so we can find out if its in the middle or if its on his side so my neighbor decided to take out dirt that was holding the fence on his side and now its falling the fence has been there way before we move in 2000. My husband told him to get appraisals to build a wall and we can split the cost he said he didn't need it and now the fence is falling and his dogs and my dog can get in a fight so what should I do?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no My husband talked to him and he kept taking the dirt cause he said it was his fence and his property and he just bought the property last year
JA: Where is the land located?
Customer: Pacoima California
JA: Anything else you want the lawyer to know before I connect you?
Customer: i just want to know what are my right since I think its his fence and we haven't taken measurement to see if its in the middle and we can not afford to build a wall since we are short on money with one kid going to college
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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The way this normally works is you have to get a surveyor out to see whose land the fence is on and that determines whose fence it is. If it is yours, you can sue him for removing the soil to make it fall over. It it is his, then he can do whatever he wants with it. If it is exactly on the property line, then it is a shared fence and if it needs to be replaced, both neighbors share the cost. If one won't, the other can sue them for half the cost under CA Civil Code 841.

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thanks

Barrister

Customer: replied 8 months ago.
Thank you
Expert:  Barrister replied 8 months ago.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Expert:  Barrister replied 8 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister