If neighbor refuses to agree on replacing a shared fence? (Los Angeles: attorney, house)

[ktslwy]

I am starting a landscaping project soon and part of it is to replace the shared chain fence. Today I walked up to my neighbor and tell them I want to do it. I made sure I asked them nicely, but they want to keep the chain fence and told me to install the new one in front of it.

I left and later when I thought more about it, maybe it's because they think that I want them to share the cost. That's not my intention, I wouldn't mind paying for the full cost as the fence is not a lot comparing to the overall landscaping project. So I will talk to them again tomorrow. I will let them know that I will pay for the full cost and if I can resolve any concerns they have. I just need their agreement.

But I am still worried that they will still refuse for whatever reason. Building a new one in front of the old one is a big no for me. Firstly it makes our usable lot smaller. Secondly it makes the area in between the two fences hard to clean and maintain. Lastly if they remove it later themselves it means they will occupy the lot that was originally ours.

I really want to convince them to agree on replacing it. I read the state code and it explains that as long as the fence is used by both parties, it's owned by both parties. So if at last they still refuse to allow me to replace it, I will attach/fix my new fence onto the old fence. It makes it hard, if not impossible, to remove the old fence themselves without asking my permission. Since I am attaching my new fence onto the old fence, I am still considered using the old fence and continues to own it. They can't remove it without my agreement, just like now I can't replace it without their agreement.

Yet, it does no good to both of us and I really hope I don't have to do that, but it is what it is if it's the only option to protect my rights. Are there other ways to resolve it? Any concerns to what I am going to do?

[Voyageuse]

Get a survey to determine property lines. If the existing fence is on your side, remove it. If not, build a new one on your side. Either way, get a permit for all of this. Next time, don’t even talk about this with your neighbors, just go through the legal channels necessary. Good God, how I hate neighbors!

We’re listing our house in three weeks because of one. If the offer we made just gets accepted, the first thing we’re going to do is gut all the landscaping and plant ficus trees on three sides of the property.

[SupBro]

What was wrong with your current neighbor?

OP, you made the right decision to speak with your neighbor first. Try again and if it doesn't work out then just install the fence on your side from the other fence. 1/2 an inch away.

[California Vagabond]

I think you're smart to plan a second conversation with your neighbor. His or her objections may disappear after you offer to foot the bill.

If the neighbor still says 'no,' I'd consult with a qualified attorney before making the next move. I see that the Los Angeles County Bar Association offers a referral service: Need Legal Help

Extra money and hassle, I know, but far better to find out first where you stand.

[seain dublin]

Originally Posted by California Vagabond

I think you're smart to plan a second conversation with your neighbor. His or her objections may disappear after you offer to foot the bill.

If the neighbor still says 'no,' I'd consult with a qualified attorney before making the next move. I see that the Los Angeles County Bar Association offers a referral service: Need Legal Help

Extra money and hassle, I know, but far better to find out first where you stand.

Well the "I will foot the bill" conversation should have been brought up the first time. In fact you should lead with that.

Neighbor isn't a mind reader.

The clearer you communicate the less chance of people walking away not sure of the situation.