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California Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

Category:
Real Estate - Boundary Lines
State:
Multi-State
Control #:
US-01134BG
Format:
Word; 
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Description

A partition fence is one erected on the boundary line between two adjoining landowners, where there is no road, alley, or such between them. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. Generally the duty to construct or maintain a partition fence is established by contract, covenant, agreement, or statute.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Demand On Adjoining Landowner To Repair Portion Of Damaged Partition Fence?

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FAQ

The law places responsibility on both parties because both benefit from the fence. Consequently, when a fence needs repair, both property owners must share the cost. If one party refuses to cooperate, the other party can do any of the following: Write a letter to the neighbor explaining the problem with the fence.

If a fence is constructed on the boundary line between your property and your neighbor's, California's Good Neighbor Fence Act says that the two neighbors must evenly split the costs of fence construction, maintenance, and eventual replacement.

This will help you to understand what you and your neighbor are legally responsible for regarding your shared fence. The gist of the law is that since both parties are benefiting from having the boundary fence, there will be cost sharing with each neighbor responsible for half the costs.

This form is used by a property owner when more than one owner is responsible for a boundary fence, to provide affected neighboring property owners a 30-day written notice of the owner's intent to construct, replace or maintain the fence.

A fence that encroaches on the boundary line without consent can be removed. Talk out the matter with the neighbor before taking down the fence to come to a mutual agreement and avoid unnecessary legal expenses. Boundary lines must be surveyed to prove that encroachment has taken place.

(a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them.

Neighboring landowners in California share equal responsibilities for maintaining boundary fences. They are jointly and equally responsible for the costs of building, repairing, and maintaining the fence, regardless of which side of the property line it is located on. This includes front yard fence and the pool fence.

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