Most everywhere you go in California, you will see communities with fences running between homes. Usually they are 6' cedar or redwood, which provide a bit of illusion and some reality of privacy.
However, when the fence begins to age, and the winds come, the fence can come down. Sometimes there are trees, and other issues that pop up with fences. Since many of these fences are termed "good neighbor" fences, who is responsible for paying for replacement or repair?
According to California Civil Code 841, if the fence is on the property line, then both parties are responsible for the fence.
Should one party decide not to pay, there can sometimes be remedy in small claims court. But doing so certainly won't enhance your relationship with your neighbor.
Insurance policies will sometimes cover loss due to windstorm or fire, but that amount is usually half the value of the entire fence, minus half your deductible. That's assuming that the neighbor will be doing the same with his insurance carrier.
Kodi Bear was a beloved dog that lived with me for many years. He was a very lucky pooch. I say that, because he shared a "good neighbor" fence with Jack, the homeowner, who lives next door.
I think both Jack and Kodi Bear will admit they weren't the best of neighbors in the beginning of their relationship. Every time Jack would go out in his yard and approach the fence, Kodi Bear would bark relentlessly at him, from our side. I am certain this drove Jack nuts, until the two of them worked on their communication skills.
It started with Jack, talking gently to Kodi Bear, and offering him treats. Anything food related worked really well as a bribe, for cozying up to Kodi Bear. Over the years, things really blossomed between the two of them.
Evidence of their bromance came when Jack and his wife built an elaborate Koi pond with Japanese landscape. They replaced a section of fence between our houses, and made certain they included a private window for Kodi Bear and Jack, so they could visit with each other at the fence.
However, not all "good neighbor" fences are as peaceful and delightfully handled as the one between Kodi Bear and Jack! The key is to take a lesson from Kodi Bear and Jack - "Good neighbors communicate."
For more information, there is a great article on good neighbor fences, written by: Bruce Linde. It can be accessed via the following link:
http://landusenews.blogspot.com/2006/07/whose-fence-is-it.html
*Photo taken by Kodi Bear's neighbor, Jack - from Jack's side of the "good neighbor" fence.
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