What to do if our neighbor rebuilt the shared fence with a new one but faced the good side toward his property?

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What to do if our neighbor rebuilt the shared fence with a new one but faced the good side toward his property?

The neighbors dogs broke through the fence twice. They chose to rebuild the fence. We agreed to pay half even though it was a bad situation. Out of spite they had the fence face their way rather than rebuild a neighbor friendly fence. We were not allowed in the building process or planning. We had a civil harassment restraining order on us because we reported their dogs to animal control and they hit us with this out of spite. We go to court again next week to protest the order.The guy gave us half the bill and only 2 days to pay or else he will sue us.

Asked on March 22, 2012 under Real Estate Law, California

Answers:

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

Answered 9 years ago | Contributor

Time to get a lawyer.  Really.  The way the fence faces is the least of your problems but efinitely on the list.  First, was your offer to pay in writing?  Although verbal agreements can be binding could he prove it?Not that I am guiding you to avoid the agreeemnts that you entered in to but I have to say that if their dogs destroyed the fence then I do not see why it was your responsibility to repair in the first place.  If he did all the hiring, planning and negotiating then I think that you have the upper hand here.  But you need an attorney especially with the restraining order issue. Good luck.


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