Do I have to pay for half of the repair of neighbors existing fence which is 3 feet over the property line on his side?

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Do I have to pay for half of the repair of neighbors existing fence which is 3 feet over the property line on his side?

We built a home and the county demanded that we find property line we discovered that the neighbor had build his fence at least 3 feet onto his own property. Now the owner is demanding that we pay half the cost claiming it’s a common fence. He also wants to make the fence higher by 2 feet. Our property is not fenced. Neighbor behind is fenced. He says our libility is greater than his as he has a pool and our tenants have children, is that true? I don’t agree with him as it’s his pool not ours. The fence is on his property by 3 feet and was there way before we built home.

Asked on July 12, 2012 under Real Estate Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

If the fence is on his property---it's his fence and his responsibility not yours.  Exposure to liability doesn't matter.  If you want to be a good neighbor, pay for half the fence cost.  If you don't have the money or don't care about being a good neighbor, legally you have no responsibility for the fence.


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