Neighbor demanding payment for new fence (Montclair: rental, new home, construction)

[illmatic41]

My parents' neighbor just re-landscaped their backyard and replaced the fences around it. Their contractors removed the old fence separating the backyards and constructed a new one. A week after their backyard renonvation was completed, they dropped an invoice for half of the cost of the shared side of the fence into the mailbox. The fence lies on a zero property line. My parents were never approached about the fence removal before the construction, let alone even agreeing to pay half. No discussion before it was built and no discussion about price...just a invoice in the mailbox asking for a check. A fence dispute occured about 15 years ago with this neighbor, which resulted with the neighbor slamming the door in my father's face when discussing going half on the old fence. My parents ended up paying the whole bill then. My parents would rather build their own fence than pay this neighbor.

The neighbor is threatning to bring this to small claims under California Civil Code 841.2, which is a civil code with roots from the early 20th century. Also, the builders of the fence attached four inches of the fence to my parents' house, which our landscaper said was not proper. What recourse do my parents have if this is taken to small claims? They feel like this is extortion to some extent.

[Malloric]

What was the condition of the fence. Did it need to be replaced or was it cosmetic? Assuming it needed to be replaced and it was replaced with a reasonable fence, just pay the half the cost. If he tore down a perfectly good utilitarian fence to put some fancy fence that costs twice as much to build because he wanted a pretty fence to go with the landscaped yard, let it go to small claims if it gets that far.

[Sam I Am]

First thing I'd do is send a certified letter, return receipt requested, to the neighbor outlining what you've just told us - fence torn down and rebuilt with no permission and no discussion previous to the occurrence. However, I think your parents set precedent many years ago when they approached the neighbor about paying half. Granted, they paid the full cost then, but maybe the neighbor is basically giving them the finger over this new fence.

While I was at it, I'd also demand they remove the fence from your parents' house if that isn't kosher. I know around here termites are a huge deal....if that fence isn't a treated wood it will just be like setting up gates to the house for future infestations.

[18Montclair]

My parents were never approached about the fence removal before the construction, let alone even agreeing to pay half. No discussion before it was built and no discussion about price.

In other words, there was never any contract, verbal or otherwise.

Even worse, your parents werent even told/consulted/asked about the old fence being removed and the new one being built.

I think your parents have a case and I would make sure they counter sue for legal fees/costs and lost wages.

[slo1318]

^^I agree.

They have no case as far as I know. Fences are voluntary unless your community/HOA requires them and specifies the condition. Im sure they would have been aware of that though, because they probably would have had a complaint from the HOA. On new home construction, the first in builds a fence, when someone builds or buys next door they are under no obligation to pay half. Even if you replace, generally you would ask if the neighbor wants to participate, if they say no.....then you are on your own, or you dont do it.

[Axxlrod]

Originally Posted by 18Montclair

In other words, there was never any contract, verbal or otherwise.

Even worse, your parents werent even told/consulted/asked about the old fence being removed and the new one being built.

I think your parents have a case and I would make sure they counter sue for legal fees/costs and lost wages.

^^^This.

Your parents were never told of their fence plan, let alone agreed to pay for any of it.

Further, the fact that the contractor attached the fence to their house without permission is a big no-no. If it wasn't done properly as you say, and there is water intrusion in the wall, guess who your parents can go after???

If I were your parents, I'd gladly go to small claims against the neighbor on this issue. The nighbor will lose. I'd also then counter-sue for the fence being illegally attached to their house.

[Malloric]

Originally Posted by Axxlrod

^^^This.

Your parents were never told of their fence plan, let alone agreed to pay for any of it.

Further, the fact that the contractor attached the fence to their house without permission is a big no-no. If it wasn't done properly as you say, and there is water intrusion in the wall, guess who your parents can go after???

If I were your parents, I'd gladly go to small claims against the neighbor on this issue. The nighbor will lose. I'd also then counter-sue for the fence being illegally attached to their house.

They should have been told, but they don't have to agree to it. By law a boundary fence is the responsibility of both parties equally unless other arrangements are made (such as when his parents agreed to pay the full cost of the fence). The specifics of how the fence was bolted and whether that's proper is a separate issue. They shouldn't have even put a gate up on your property without consulting you as it's not a boundary fence.

[Ceece]

Honestly, unless your parents have suffered any damage this is just a battle of wills. If the fence really did need doing and it was done right then they should probably suck it up for their own sake. If they just can't stand the thought of this particular neighbor having called the shots and want to fight over it because of personal issues then they can, but it won't end up well for either I assure you.

I had to pay full cost once when one of my rear neighbors actually sold the hosue and moved after we made plans. When the work was done I took the bill over there and the new owner was not welcoming of me asking them for money and never did pay. I can't say that I blame them so I sucked it up. I forced the issue with the landlord of a rental next to me this year when the fence fell. He wanted to do some prop-up work and hire his hanyman to fix some boards but this is a 90' stretch of fence that really needed done right si I insisted on I a new fence done by a company that guarentees their work since I'm the one who actually has to live with it for untold years.

[ferretkona]

Without shared consent it was illegal for the neighbor to build the fence on the property line, it has to be built a few inches in off the property line. Even any footing underground has to be entirely on their property.

[slo1318]

Originally Posted by ferretkona

Without shared consent it was illegal for the neighbor to build the fence on the property line, it has to be built a few inches in off the property line. Even any footing underground has to be entirely on their property.

Thats true, and if it becomes a fight then a surveyor would locate where exactly the fence is. Its very rare to be right on the property line.