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Whose Fence is it?

January 10, 2006 by Jonathan Stein

In California, we have these nice fences that run between the homes in many subdivisions. They are usually 6′ redwood or cedar and they give you some privacy. This is especially nice because some of the homes are pretty close together. But, when the winds come and the fence goes down, who is responsible for paying for the repairs?

Both homeowners are responsible. If the fence is on the property line, as most fences are in California, then both parties are responsible for the fence. California Civil Code 841 makes this very clear. If the fence is on one property, then that property owner is responsible.

What do you do if the other person does not want to pay? Then you should pay for it, send a demand letter to your neighbor, and if they still do not pay, consider taking them to small claims court. I know that no one wants to sue a neighbor, but the fence can get expensive.

Finally, should you report it to your insurance company? Probably not based on the use it and lose it tactics of the insurance company. However, if you decide to, they should only be charging you 1/2 of your deductible.

So there you go. It is a good neighbor fence and you should share the costs.

Categories: Claims, Homeowners Insurance, Law

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