Statutes in many states regulate the establishment, apportionment, and maintenance of partition or division fences. The statutes generally require owners of adjoining lands to share or contribute equally to the erection or maintenance of such fences, unless the rights and obligations of the parties have been fixed differently by agreement.
California Civil Code 841 Sample Letter
Category:
State:
Multi-State
County:
San Bernardino
Control #:
US-01136BG
Format:
Word;
Rich Text
Instant download
Description california good neighbor fence law letter
Free preview california fence law 841
How to fill out San Bernardino California Complaint Against Adjoining Landowner To Recover Proportionate Share Of Cost Of Construction Of Fence?
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FAQ
It is important to know that your neighbours are not legally obliged to fix or replace a fence, unless it is causing a safety issue. If you find yourself in the unfortunate position where your neighbours are refusing to take any action on their damaged fence, a final option may be to erect a new fence on your own land.
The police may ask the neighbor to stop or claim they have no jurisdiction because it is a civil matter. However, even if the police characterize it as a civil matter, most people will be reluctant to continue removing the fence once you involve law enforcement.
In general, your neighbor cannot make you pay for the fence. There are a few exceptions to this, including fences that fall on the property line and the California Good Neighbor Fence Law. If you cause damage, you can be held responsible as well. However, most disputes can be settled by a conversation and a handshake.
How can I file a complaint or report a concern? Call the Compliance and Ethics Helpline at 888.587. 3575 (24 hours a day, 7 days a week). Submit your concern electronically (online) . E-mail us at EthicsLine@cao.sbcounty.gov.
California Civil Code 841, also known as the Good Neighbor Fence Act of 2013, requires that "adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them." In this case "monuments" means the fence.
In short, the new law states that there is a presumption that neighbors equally benefit from a common fence, and that the cost for building or fixing a common fence should be equally shared.
According to California Civil Code Section 841, adjoining landowners shall share the responsibility for maintaining the boundaries, fences, and monuments between them equally.
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