Updated over 11 years ago on .
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Fence replacement legal issue
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?