California neighbor blames homeowner's plastic table for a rotting shared fence and demands full payment, only for his own contractor to contradict him: 'It was caused by rot'

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  • Small dog stands beside a backyard fence.
  • I've had a fraught relationship with my neighbor since moving in, as he finds new things to complain about every few months and is just an all around weird dude.
  • He put a surveillance device / sonic deterrent up on his side of our shared fence pointing down into my yard because he insisted that my dog barks constantly. (As confirmed with other neighbors, my dog is super quiet even when I am not home, and one of our altercations about barking came after the dog and I had been away for two weeks, during which he insisted that my dog barked constantly.)
  • I was advised by the HOA and police that I should just put something up to block it, so I leaned a lightweight plastic table up against the fence where the deterrent was.
  • The fence has been in bad condition since I moved in. He recently removed the deterrent and I thought things had calmed between us until I got a letter telling me that he planned to repair the fence, and that his contractor had confirmed that the damage to it was caused by the weight of the table, so he expected me to pay for the entire fix.
  • He sent this letter several times: over certified mail with a signature required, taped to my door, and then again through regular mail.
  • The letter says that, if I fail to respond, he is going to pay for the repair and then take me to small claims court after a deadline (July 27th.)
  • I called the contractor, who told me he had made it clear to the neighbor that the damage was caused by rot at the base of the posts, and that the weight of a table could not have caused the damage.
  • The contractor also feels like the proposed fix will not last long and that the fence probably needs to be replaced.
  • Neighbors sit down for a tense discussion about a shared fence, property responsibilities, and ongoing homeowner disagreements.
  • I sent him back a letter with confirmed delivery indicating my desire to repair our neighbor relationship, offering to split the cost due to his own contractor's findings, and suggesting that we consider doing a longer-last repair.
  • I've heard nothing back since then. I am worried that he is going to try to have someone take the fence down and then take me to court over the cost, but also that my dog could get out if he decides to do this during the day when I am at work.
  • Based on California's Good Neighbor fence law, is he clear to go ahead with repairs unilaterally even though I am trying to respond to his concerns in good faith? I feel I should let the contractor know that I am not in support of this project until we have worked out cost sharing and a plan. Would appreciate advice!
  • RollRemote5948 Not a lawyer but I'm in an HOA in CA. You should check/inform the HOA of your neighbor's intentions to remove or replace the shared fence. In my HOA, the owner must get approval from the HOA including telling them where and what kind of materials will be used.
  • Contractor repairs a wooden fence during a residential property maintenance project involving shared fence repairs.
  • Wonderful_Sock_6651 Do you know where your property line is? If it's not on the property line, whoever's property line solely holds responsibility. However, assuming it is a legitimate boundary fence. Yes, CA can have neighbors pay equally for fence maintenance. There are exceptions like it must be reasonable.
  • BrickHuge3023 Whose property is the fence on? That needs to be established immediately if it is a shared fence or on one side of the line or other. If on your side he could replace it but would lose in court I'd wager.
  • Peridwen NAL - but you keep talking about your dog getting loose if the repairs are done while you are gone. As a responsible pet owner, it is your job to maintain a safe area for your pet. The base of the fence is rotting. This is no longer safe to rely on as an enclosure. Make different arrangements for your pet.
  • ZombiePoultry This is what happens when you live in an HOA. Good luck.
  • Dirty DirtySoil Wow and HOA actually coming in handy for a homeowner! What a concept!

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