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Shared Fence Falling And Neighbor Won't Share Cost---Victory in Sight!

By
Property Manager with HomePointe Property Management, CRMC 00691121

We recently had a fallen fence at a rental property we manage.  The neighbor, who lives in their house, got involved and said he too wanted a new fence. 

We had a reasonable bid and the owner said he was looking at it and he wanted screws put into the fence instead of nails.

Our maintenance staff interpreted the message to mean that he had approved the bid and we ordered the fence installed.  The owner was even present at the time of installation and made sure his plants were safe.

But, when it came time to pay, he refused saying it was too expensive and since he did not approve it, he preferred to have the old fence put back in place!

That not being possible, we sued him in small claims court for his share, $750 plus court costs.  Today we found out that we won the case. 

One small victory for HomePointe, one giant leap for reasonable court decisions!

Posted by

Robert A. Machado, CPM, MPM

HomePointe Property Management

Sacramento, Yolo, El Dorado, and Placer Counties

We manage residential and commercial property.

916-429-1205 x 105

rmachado@HomePointe.com

Comments (6)

David North
Coldwell Banker Bain - Duvall, WA
for a rewarding real estate experience

Fences may be the most dangerous items in real estate.

May 07, 2010 06:34 PM
Robert Machado
HomePointe Property Management, CRMC - Sacramento, CA
CPM MPM - Property Manager and Property Management

Yes, right after mold, asbestos, tripping, criminal activity, broken locks, termites, liar loans, etc. etc. etc.

May 07, 2010 06:44 PM
Robin Dampier REALTOR®
Coldwell Banker King - Hendersonville, NC
Hendersonville & Western NC Real Estate Source

Gracious, so many pitfalls and devious folks abound!  Congrats on winning the small claims court decision -- a realistic and fair judge!

Sue of Robin and Sue

May 07, 2010 06:54 PM
Robert Machado
HomePointe Property Management, CRMC - Sacramento, CA
CPM MPM - Property Manager and Property Management

Why am I happy when I "win" a court decision that I should win?  I should just be ho hum.

May 08, 2010 03:39 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

It sounds like the guy tried to take advantage of you. I'm glad your case won in court and that you pursued it. What did he think you were going to do? Let him get away with it?

May 08, 2010 04:27 AM
Robert Machado
HomePointe Property Management, CRMC - Sacramento, CA
CPM MPM - Property Manager and Property Management

He could hope for it.  We have never had to test the law on this.  Nice to know that owners are responsible to share costs on shared fencing.

May 09, 2010 04:32 PM