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Old 08-22-2015, 04:39 PM   #21
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Just ask him if it's OK if you have his fence professionally repaired at your own expense. He'll likely agree.

Or, tell him you're having a fence installed on your side of the property line and does he wish for his own fence, in need of repair, to be removed at the same time yours is installed.

If your request for him to repair his fence resulted in him just removing it, would that be OK? Or, do you want a fence there and after his is gone you'd put one of your own up?
you bet…I want a fence there and his is not so different from mine that I want him to tear his down. Besides his goes arounds 3 side of his property. So does mine. We share the mutual side.

You suggestion about asking him if I can have it repaired at my expense is a good one. I think I still have his address and can mail something to him and hope for a call from him. I don't have a phone number.

The other option is for me to ask the current renters who the property manager is and see if I can get in touch that way.
Thanks! Now I have this on my "to do" list!
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Old 08-22-2015, 05:41 PM   #22
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If it was just an average type neighbor I could probably just pay for it and move on. Although I've never spoken to this neighbor, (he lives in the property behind me on a different street) he's the one in a million bad neighbor that has ruined the neighborhood. Luckily I'm on the next street over.

There's not enough space on this forum to describe it all. I live in a very nice Bay Area neighborhood with semi expensive homes, how this guy fell into this home I'll never know.

I sort of feel that if I've made a good faith attempt to talk to this guy he should at least tell me no to my face or at least email me.

Thanks for the suggestions.
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Old 08-22-2015, 05:46 PM   #23
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If you think this is weird move to an open range area and try to fence the cattle out.
Now that I wouldn't think weird. Don't live in an area that is designated "open range" but do understand the meaning.
There's a borough near my sister that won't let you put up a fence that blocks the sun or wind, how's that for weird.
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Old 08-22-2015, 05:57 PM   #24
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Now that I wouldn't think weird. Don't live in an area that is designated "open range" but do understand the meaning.
There's a borough near my sister that won't let you put up a fence that blocks the sun or wind, how's that for weird.
If, like most Arizona residents, you DO NOT live in a
No-Fence District, it is your responsibility to fence out
unwanted livestock using a “Lawful Fence,” as defined
in ARS 3-1426. This is especially important in areas on
your property that contain gardens or ornamental plants
that livestock love to munch. A lawful fence 1) has posts
spaced no more than 30 feet apart; 2) has at least four
strands of barbed wire; and 3) spaces the wires such
that they are 18”, 28”, 38” and 50” above the ground,
respectively.
• If you have constructed a lawful fence and livestock
break through that fence to cause damage to your
property, you are entitled to file with either your justice
of the peace or your superior court to recover damages
(see contact info below).
• Remember, even as a small-acreage landowner, if you
own livestock that does damage to someone else’s
property and they either live in a No-Fence District
OR have built and maintained a legal fence, you will
be guilty of a class 2 misdemeanor and are liable for
damages.
• If you are involved in an automobile accident with
livestock, contact your county’s Clerk of the Board of
Supervisors office to find out if the particular location is
a No-Fence District to see if you have any legal recourse.
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Old 08-22-2015, 06:01 PM   #25
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If it was just an average type neighbor I could probably just pay for it and move on. Although I've never spoken to this neighbor, (he lives in the property behind me on a different street) he's the one in a million bad neighbor that has ruined the neighborhood. Luckily I'm on the next street over.

There's not enough space on this forum to describe it all. I live in a very nice Bay Area neighborhood with semi expensive homes, how this guy fell into this home I'll never know.

I sort of feel that if I've made a good faith attempt to talk to this guy he should at least tell me no to my face or at least email me.

Thanks for the suggestions.
Most one-in-a-million bad neighbors think they are perfectly fine and the "other guy" is the problem. Given this info if it was me, I'd call it a day and just pay it myself..
My niece once lived in an apartment building where a guy tried to run over his SO in the middle of an argument and in the process scraped the side of my niece's car. She proceeded to go to their apartment pound on the door and tell him he needed to make things right pronto. I remember trying to tell her what the H%ll were you thinking, he knows where you live and he's a powder keg! Just had a case here in MN with a first degree murder conviction over a " neighborly feud" that had been going on for years.
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Old 08-22-2015, 07:46 PM   #26
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I live in a very nice Bay Area neighborhood with semi expensive homes, how this guy fell into this home I'll never know.
Wild guess : Inherited it ? Like 99% chance
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Old 08-22-2015, 09:48 PM   #27
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I'm pretty amazed at all the people assuming the neighbor is a problem, or doesn't have common sense, or whatever. Maybe I don't know what a Good Neighbor Fence is. I thought it meant a 6' or taller fence (tall fences make good neighbors). The one thing I haven't seen in this thread is the answer to "who owns the fence"? If it's the OP's, if I was the neighbor I wouldn't want to pay for someone else's fence either. If it belongs to the subdivision, it should be the responsibility of the HOA or something. A structure has to belong to somebody. Maybe I don't qualify to live in CA, but I believe that whoever owns something is responsible for paying for, and for making decisions about it. If it's something that's just sort of there and doesn't have a specified owner, the person that it bothers should pay. If they can get the others to pitch in, great. But deciding not to is totally legitimate too. Shrug your shoulders and do what you want to. I can pretty much guarantee that involving gov't officials or lawyers will not lead to happy feelings.
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Old 08-22-2015, 10:12 PM   #28
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We don't have a law like that where I live, but I might be upset if my neighbor wanted me to pay half for one section of my fence to be replaced so my neighbor could enjoy a complete new fence and mine would have this mismatched section that I probably didn't think really needed to be replaced. I think the OP should be happy if any of his neighbors cough up for the new fence, law or not. I agree with others about just taking care of it and moving on with life.

We have a bad neighbor too but as I grow older I think that is a function of group dynamics and if it wasn't him it would be someone else.
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Old 08-22-2015, 11:36 PM   #29
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+2 to what Harley and Bestwifeever said.
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Old 08-22-2015, 11:59 PM   #30
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The "common fence" is common around here in planned developments. The developer puts up the fence right on the lot lines between/behind houses. This makes the backyards "private", and allows the developer an easier sale of the homes. And someone with dog(s) can just move in, no homeowner pre-work required.

Any fences that fence true "common" areas in the development are usually the responsibility of the HOA, but inter-house fences are not.

Once the developer finishes and some time goes by, those inter-house common fences age and eventually have issues. And then it is up to the respective homeowners to hassle it out among themselves. As the fence is ON the lot line, clear ownership is a problem. It's a mess, really.
But the developer got what they wanted, and the new homeowner probably didn't think of future issues. I doubt many prospective homeowners around here would turn down a house because of possible future fence problems... after all, the future isn't today

In the neighborhood I live in, no fences were put up before sale, they were all custom homes by many different builders. Homeowners over time put up fences on their own property, so ownership is clear.
However, the city code does not allow "back to back" fencing. That can create a problem as you can not put up a fence on your property if it will be close and parallel to your neighbors existing fence. If you want to put one up on your property, you have to get your neighbors approval that they (or you) will take down their existing fence. So now YOU have the fence. If they have a big angry dog or something, it appears then it will be YOUR responsibility that YOUR fence can keep the critter on their side. So this situation can lead into a gray legal area.
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Old 08-23-2015, 07:27 AM   #31
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.... However, the city code does not allow "back to back" fencing. That can create a problem as you can not put up a fence on your property if it will be close and parallel to your neighbors existing fence. ....
Other than it would look a little silly... why not? It's your land.
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Old 08-23-2015, 08:21 AM   #32
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Pay for it yourself and move on. It is IMHO it is a mistake to "take on" a neighbor in such a way. The next thing you know, your car will be keyed or your dog will be missing.
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Old 08-23-2015, 09:00 AM   #33
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Interesting topic. I think the CA law requiring someone to pay for a fence he may not even want is awful. Where I live there is a law requiring that if you choose to install a fence, you must place it 3 feet inside your property line. Then you have to maintain the 3 feet on the outside of your fence or you risk the neighbor claiming those 3 feet as his property! And not many people obey the 3 foot law, and it is never enforced anyway, as far as I know. When I had my fence installed, and paid for it myself, the fence company suggested just putting it 6 inches inside the property line, which is what I did. I still mow and trim the 6 inches on the other side of the fence. Even if I had put the fence right on the property line, I would never dream of getting my neighbors to pay for replacing it. (not ragging on the op, after all the law is the law, in CA)
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Old 08-23-2015, 09:07 AM   #34
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I had a situation years, ago, and just ate the cost. It isn't worth a fight, possible revenge, time, etc. to fight over the cost. You're right, the neighbor is wrong, so what. We read/see the news every night....big stories are fights, shootings, murders,......people often times aren't reasonable. If you've got the money, enjoy life, be thankful and avoid the hassle. I've found when I "get my nose out of joint", I generally lose if I enter a war based on principle. Sorry .......you are right...... but why add to your misery?
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Old 08-23-2015, 10:30 AM   #35
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Maybe I don't know what a Good Neighbor Fence is. I thought it meant a 6' or taller fence (tall fences make good neighbors).
A good neighbor fence is one that looks the same on both sides, which ensures that no one has to view the "bad" side.
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Old 08-23-2015, 11:20 AM   #36
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I think I would just move on, other than slipping the installer's foreman a $20 bill to be sure all the warped and knot-holed pickets are facing the non-responsive neighbor.
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Old 08-23-2015, 12:24 PM   #37
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I had a situation years, ago, and just ate the cost. It isn't worth a fight, possible revenge, time, etc. to fight over the cost. You're right, the neighbor is wrong, so what. We read/see the news every night....big stories are fights, shootings, murders,......people often times aren't reasonable. If you've got the money, enjoy life, be thankful and avoid the hassle. I've found when I "get my nose out of joint", I generally lose if I enter a war based on principle. Sorry .......you are right...... but why add to your misery?
You read stories like this one. I guess you can really make a good point by sticking to your principle and guns! Va. Man Who Shot Neighbor Sues Widow, Continuing Feud
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Old 08-23-2015, 01:32 PM   #38
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is it their right to do so because they paid for that part? If a child was hurt
climbing over the fence, would the parents sue you as total owner or would your
neighbors be involved since they are part owners?
One neighbor has since painted his side of the fence. Did not even advise me of his actions. I'm OK with that. Since the fence is legally mine (on property owned by me) it is also my legal responsibility alone.

Hey you kids, get off my fence!!
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Old 08-23-2015, 01:51 PM   #39
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Dude, life is WAY TOO SHORT for this kind of nonsense. Find the easiest, least painful way to extricate with neighbor and move on with the fence. Personally, I would have probably just redone my section, letting other impacted neighbors know what I was doing and if they want to piggyback with my efforts (but this approach is obviously too late.)


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Old 08-23-2015, 02:31 PM   #40
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I only wish I could post a photo here. One picture and you would all see what I'm talking about. Feel free to PM me your email address and I'll be happy to send it along!

As for the California fence law, for the average subdivision, it makes sense that all parties have equal financial burden.

CA Codes (civ:840-848)
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