I have a common wood fence that needs to be replaced, can I have the fence replaced so I have the nice side of the fence facing my property?

Get Legal Help Today

 Secured with SHA-256 Encryption

I have a common wood fence that needs to be replaced, can I have the fence replaced so I have the nice side of the fence facing my property?

I have a common wood fence that needs to be replaced. The neighbor was willing to share the cost of replacing the fence however they want to have one that resembles the current one we have know. This fence will be more costly than a normal one. I am willing to replace it as they want and have provided estimates to the neighbor. After providing these estimates, I have not been able to contact the neighbor. I leave messages but they will not return the call. I have a feeling that they no longer want to assist with the cost of replacing the fence. Can I just replace the fence with a normal wood fence and ask that they give me half for it. And how do I go about asking for reimbursement if they don’t respond to my calls.

Asked on July 30, 2012 under Real Estate Law, California

Answers:

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

Answered 8 years ago | Contributor

You have two separate questions here.  If the fence is on both of your property (the property line) then it belongs to both of you.  If they do not wish to replace the fence but do not object to your doing so and you replace it with a different type of fence, the "nice side" as you call it generally has to face your neighbor, not you.  It has to face "outward" not inward.  Speak with a lawyer in your area. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption