If a neighbor decides to buy the house from their landlord, can they force me to pay for 1/2 fence replacement now? I've repaired part of it...

Question

If a neighbor decides to buy the house from their landlord, can they force me to pay for 1/2 fence replacement now? I've repaired part of it previously, they have a short cyclone fence on their side next to the old wood fence & only want to replace it now they've decided to buy the property. I cannot afford it. Especially if they get contractor quotes & aren't looking for least cost alternatives, I suggested I would help with labor.

Answer

You don't give us any factual information with which to answer the question. You don't tell us who installed the fence, whose property the fence is on, whether or not it is a common boundary, and whether or not there is some sort of agreement between you and the other owner, or even if you are responsible for damaging the fence.

Answer

Civil Code section 841 is the only California statute on the topic of the duty of coterminous neighbors to share boundary fence maintenance costs. The statute was written in 1872 and hasn't been amended since (although it has been interpreted and slightly modified by court decisions in the 142 years since adoption).

It basically says neighbors must share the cost to maintain the portion of a fence along their boundary line, but ONLY if the neighbor being asked to contribute has chosen completely to enclose his property (with fence, hedges, buildings, etc.). The concept has to do with keeping livestock in (or out). A farmer wasn't allowed to get a free ride on fence maintenance costs. If, however, the fence or other barrier didn't completely enclose the property, it was considered ornamental, and you didn't have to contribute to the maintenance costs of the shared boundary fence.

Nowadays, far fewer of us are farmers, and keeping the cows in or out is less of a consideration, but the law is still there. Thus, I'd say that your legal obligation to share in maintenance costs depends upon whether your property is fully enclosed by fences or something, or whether animals (or children) can wander in and out of your yard. If it's enclosed, you must contribute. If not, it's optional.