Can an adjunct property owner force an adjoining property to tear down the common fence even if said owner is paying for the new fence?

There is no boundary dispute. Adjunct owner is a developer

Asked on July 26, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

And why would one of the common owners object to a brand new fence being put up in the same place in the first instance? California mandates that fences must be in good repair so as not to present a danger or a public nuisance.  Common fences are the responsibility of both land owners and if one does not wish to fix it the other can do so.  There seem to be more issues here than are being expressed in this question.  Seek help in your area to figure out exactly what the problem here is and how to rectify it.  Good luck. 




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