Here is my situation. I am in CA. CA state law california civil code 841 is very clear as to joining landowners paid equally in repair and replacement of the fence. Here is the text
"(a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them.
(b) (1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence."
My neighbor has refused to paid anything or do anything regarding the fence. And there is also a county ordinance that said you cannot have a dilapidated fence and at this point the county is involved. Of course I explained the situation to the county saying I tried contacting my neighbor, I got estimates, my neighbor ignored my attempts to contact he, he also stated to the home owners association that he will not paid anything, and I told the county about the CA civil code 841 and they said "they have nothing to do with the California Civil Code'.
At this point the county have issue both my neighbor and myself a letter saying we are in violation. The next step for the county if the fence is not repair/replaced is to get a hearing to determined if I am in violation but I will be charge for the hearing.
Given that my neighbor is refusing to doing do anything and pay anything. My thinking is that the county can not order me to repair/replace the fence by myself (100%) because the order will conflict with CA code 841, "adjoining landowners equally responsible for the reasonable costs". A county can not enforce a county regulations by means that would conflict with a state law, right? Of course the county would argue that it is not ordering me to repair/replace the fence 100% by myself. But if my neighbor refused to do do anything how else am I to replace/replace the fence other then by (100%) myself. What do you folks think. Is this a valid defense. Also need help in rephrasing this legal theory (make read a look more professional). Most likely I have to response to the county in writing.
Also I know what some of you folks will say. Take my neighbor to small claim court. But I think my neighbor will just not answer the door to get serve and when they lose in small claim they will just not paid.
"(a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them.
(b) (1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence."
My neighbor has refused to paid anything or do anything regarding the fence. And there is also a county ordinance that said you cannot have a dilapidated fence and at this point the county is involved. Of course I explained the situation to the county saying I tried contacting my neighbor, I got estimates, my neighbor ignored my attempts to contact he, he also stated to the home owners association that he will not paid anything, and I told the county about the CA civil code 841 and they said "they have nothing to do with the California Civil Code'.
At this point the county have issue both my neighbor and myself a letter saying we are in violation. The next step for the county if the fence is not repair/replaced is to get a hearing to determined if I am in violation but I will be charge for the hearing.
Given that my neighbor is refusing to doing do anything and pay anything. My thinking is that the county can not order me to repair/replace the fence by myself (100%) because the order will conflict with CA code 841, "adjoining landowners equally responsible for the reasonable costs". A county can not enforce a county regulations by means that would conflict with a state law, right? Of course the county would argue that it is not ordering me to repair/replace the fence 100% by myself. But if my neighbor refused to do do anything how else am I to replace/replace the fence other then by (100%) myself. What do you folks think. Is this a valid defense. Also need help in rephrasing this legal theory (make read a look more professional). Most likely I have to response to the county in writing.
Also I know what some of you folks will say. Take my neighbor to small claim court. But I think my neighbor will just not answer the door to get serve and when they lose in small claim they will just not paid.
Regulations and Procedures: Can a County Agency Order You to Do Some Thing That Would Conflict with State Law
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