Question

Hey people in California, I have a fence question. We ahve to replace a fence between us and a neighbor, but our neighbor seems to be avoiding it like the plague. Now I know that California law requires that both neighbors are supposed to pay for it (with some caveats to financial hardship). But what is the proper way to make this happen if we go through small claims? We already got three quotes and sent them to our neighbor via text (he refuses to give me an email) and this is his rental property so I would think that financial hardship would be a hard stick. Do I just tell him and give him a timeline (via text)? What is your advise? I truly think my husband and I will have to go through small claims, but I just need help on how to do this without going back and forth.  

Answer 1

I have a similar issue with my neighbor here in CA. Im gonna try to push the issue off for a bit, but im definitely going to talk to a lawyer before moving forward with any plans. Better to be prepared for the worst case scenario, especially in this crazy state.  

Answer 2

What is the small claims max in CA? It is $5000 in many states. Would that be enough to cover his half? If not you might have to get a lawyer involved. Maybe send him a letter via registered mail (so he has to sign for it) stating that you will take it to court if he does not respond to the quotes by X date. That might just give him the kick in the butt and let him know you are serious. I did this (different situation) a few years back, worked like a charm.  

Comments

Will defintily try that. I have conversations via text message too which I think shows that he is dealing with us in bad faith. basically "I will only pay this amount and I want you to pay and I will pay you back if I like the fence when it is put up". Will definitly be using this.