A shared fence is a fence built on the property line between two adjoining parcels. Each owner shares the fence equally. If the fence needs repairs or falls down and needs to be replaced, each owner should chip in one half the cost.
There are many ways to handle the issue. The two owners could spend the weekend buying the materials together and then jointly builidng the fence and then make a trip to the dump to get rid of the old materials. In today's busy world, I suspect one owner will make arrangements and the other will simply write a check to cover their share.
When a rental is concerned it can be a harder problem especially if one or both of landlords live out of town. Out of sight out of mind. Property management companies often have to deal with this issue and it is not fun.
If an owner will not cooperate the solution would be obtain three bids. Then write the neighbor a letter enclosing the bids and telling the owner that if they do not cooperate you will proceed and take them to court. The owner would then have to sue the neighbor, small claims court would be best, and hopefully win a judgement. Lot's of documentation and photos would be good to have for the court to support the case. Once the judgement is obtained the court will direct the winner how to collect.
Fences in disrepair do create liabilites such as dogs entering a yard, kids getting out, and more.
A fallen fence is an opportunity to get to know your neighbor!
Rentals in the greater Sacramento area.
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