Fence replacement legal issue

[Marc Dufour]

My neighbors try to force me to change the fence. Through their lawyer, they claim that the fence will be changed within 30 days and that I have to pay half. If not, they will sue me in small claim court, and my property can have a lien.

According to CA civil code 841, the fence needs to be repaired.maintained by both neighbor. 

The reality is that I don't see this fence compared to them and they refuse to pay less than 50/50.

- Can they force me to pay?

- Do I have to reimburse legal fee if I lose even in small claim court?

- I am not sure the fence is even on the property line. Can I ask them to pay for a surveyor or it has to be at my charge since I bring it up?

- I suggested to pay 15% of the fence as they benefit more from it than me. They refused.

- Any recommendation on what to do next?

- According to the law, does the fence have to be the same height as the current one for repair or can it be a lower (cheaper) one?