My neighbor is trying to force me to pay half of a new fence. However the fence is not on the boundary line and is 4 inch on the neighbor property. California Civil Code 841 claim we must share the cost of a common fence. Is this a common fence even though the fence doesn't cross the boundary line and is on their property?
Answer
It sounds like it is his fence. If it is the neighbor's fence, then he has the responsibility to pay for repairs and replacement unless you have done something to damage it. If he insists on you paying half of the costs, see if he is willing to pay for half of the costs of improvements you do on your own property as well.
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