Home > Update on My Neighbors/Fence Situation

Update on My Neighbors/Fence Situation

November 12th, 2011 at 09:34 pm

So I got my 3 estimates, and I took copies next door to my neighbor. No one would answer the door, even though I am pretty sure they were at home. So I wrote a note and left it along with the estimates inside their security door but outside of their front door. It has been about a month, but no response from them.

So one day BF saw the neighbor's son in front of his house, BF asked him what he thought about the estimates. The neighbor's son denied ever having seen any estimates.

Two weeks ago, a fence board from another section of the fence fell into the neighbor's yard. I did not know this, and let the dogs into the backyard one evening. When I let them back in, there were only two dogs. I went into the back and observed the fallen board. I went into the house and reported this to BF, we walked over to the neighbor's front door and knocked. The neighbor's son came to the closed door and yelled "who is it?" BF yelled back "your neighbor". The son yelled "I can't open the door." So I yelled through the door "there is a board down. I think you have a dog in your back yard." He yelled back "no, I don't". I yelled "I think you do. Do you want to check?" he yelled "OK". BF and I waited. And waited. And then we waited. He never came back to the door to say anything at all. Eventually BF and I realized he had no intention of coming back, so we went back to my house and got a strong light and looked into the neighbor's back yard. The dog was gone. I think the neighbor let my dog out.

An hour or so later, I got a phone call from a woman living several blocks away, she had the dog (he has a tag on his collar with my cell number). We went and got him so it turned out fine.

We upended my picnic table to block the gap in the fence from the fallen board and braced it. The next morning we went to the hardware store and got another sheet of plywood to nail up. Now we have two. The fence is so ugly with the two sheets of plywood nailed up, but it does keep the dogs from escaping.

So, I think this is a tactic to get me to pay for the fence myself.

Yesterday I used my county assessor's website to look up her parcel and name. I didn't know her name, but now I do. I made more copies of the estimates, I printed out a copy of California Civil Code Section 841 which states that property owners are equally responsible for maintaining fences, and I wrote her a letter. I am going to send it certified mail with a return receipt on Monday.

In the letter, I state that I would like to know when she will be able to afford her half. I tell her my opinion on the estimates and ask for hers. I refer to the law and state that we are equally responsible. I state that while the plywood is ok for now, it is not an acceptable long-term solution. I tell her she is welcome to come to my house, write me, call me, or email me.

I think she is going to be very surprised that I found out her name. I think she is ignoring me and refusing to communicate on purpose, thinking I will just go away.

If she does not respond, then I will know my options are to forget about her paying her half or sue her. If I sue her and she still does not pay, I can put a lien on her house.

They are such yucky people! Bleah.

1 Responses to “Update on My Neighbors/Fence Situation”

  1. Looking Forward Says:

    What a PITA!
    If I was in the same position I would pay for a new fence ASAP. Good investment/money well spent for me to keep them out and my dogs in.

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