My new neighbors have taken it into their minds that they want to replace the
fence between the properties. While it's not the prettiest thing, it is
adequate for its purpose and I don't think it needs to be replaced just yet.

I have already twice told them that I do not currently have the money to spare
to replace the fence; they are adamant that they want it replaced now, and they
want me to pay half. I have offered to pay in the future, when I have extra
money; they initially demanded that I make installment payments (which I cannot
afford) and are now demanding payment in full in two weeks, on threat of
litigation.

They cite Civil 841, which holds neighbors are mutually responsible to maintain
fences "unless one of them chooses to let his land lie without fencing". At
this point, if the fence were to blow down in a storm, I would choose that
option, since I don't have the money to spare to replace it and really don't
"need" a fence. However, they *need* the fence to corral their dogs.

I feel they are bullying me to get me to pay half of something that I don't
agree we need right this moment. Any comments, advice?

After my having told them three times now that I do not have the money right
now, and will pay them later when I do, can they really sue me for not paying
now?

Sacramento,

As a paralegal surely you are aware that your neighbors can sue you. I
imagine that you also know what type of attorney can advise you and have
some idea of the cost of advice. So, if they do sue you deal with the suit
as you think best. Until then make your position clear to them. I think your
plan to pay for half the fence sometime unspecified in the future is
guaranteed to put you in court. If you have no need for a fence and no money
for one tell them no very clearly. Clearly state that you are withdrawing
the previous offer to pay half to replace a perfectly good fence. Try to get
them to list the deficiencies of the fence. Decide whether these are ,in
fact, deficiencies and whether it is better to repair or replace. Be sure to
maintain your side of the fence so that it functions adequately. Clear away
brush, slap on a coat of paint, et c.

Good luck,
Dave M.

Sacramento Paralegal wrote:
My new neighbors have taken it into their minds that they want to replace the fence between the properties. While it's not the prettiest thing, it is adequate for its purpose and I don't think it needs to be replaced just yet.
I have already twice told them that I do not currently have the money to spare to replace the fence; they are adamant that they want it replaced now, and they want me to pay half. I have offered to pay in the future, when I have extra money; they initially demanded that I make installment payments (which I cannot afford) and are now demanding payment in full in two weeks, on threat of litigation.
They cite Civil 841, which holds neighbors are mutually responsible to maintain fences "unless one of them chooses to let his land lie without fencing". At this point, if the fence were to blow down in a storm, I would choose that option, since I don't have the money to spare to replace it and really don't "need" a fence. However, they *need* the fence to corral their dogs.
I feel they are bullying me to get me to pay half of something that I don't agree we need right this moment. Any comments, advice?
After my having told them three times now that I do not have the money right now, and will pay them later when I do, can they really sue me for not paying now?

You should take the matter to the zoning board for your jurisdiction, or
whomever would be in charge of these matters.
Since fencing is purely a local thing, I don't see how any one in this group
could assist you.
Of course they can sue you. But as they already have an existing fence in
good condition, I seriously doubt the court would award them anything.
Prepare yourself for court anyway.
Take a video of the property and the fence and show it's condition.

The way I see a fence is, if it's on your property, you paid for it, you are
responsible.
If you want to replace it, it's your cost, not your neighbor's.

Legal advice is obtained by hiring an attorney.

In article <20041115231209.05986.00000455@mb-m19.aol.com>,
sactoparalegal@aol.comREMOVE (Sacramento Paralegal) wrote:
My new neighbors have taken it into their minds that they want to replace the fence between the properties. While it's not the prettiest thing, it is adequate for its purpose and I don't think it needs to be replaced just yet. I have already twice told them that I do not currently have the money to spare to replace the fence; they are adamant that they want it replaced now, and they want me to pay half. I have offered to pay in the future, when I have extra money; they initially demanded that I make installment payments (which I cannot afford) and are now demanding payment in full in two weeks, on threat of litigation. They cite Civil 841, which holds neighbors are mutually responsible to maintain fences "unless one of them chooses to let his land lie without fencing". At this point, if the fence were to blow down in a storm, I would choose that option, since I don't have the money to spare to replace it and really don't "need" a fence. However, they *need* the fence to corral their dogs. I feel they are bullying me to get me to pay half of something that I don't agree we need right this moment. Any comments, advice? After my having told them three times now that I do not have the money right now, and will pay them later when I do, can they really sue me for not paying now?

You definately want to get the Book,. "Neighbor Law" by Nolo press.
visit
www.nolo.com
Patriotism is supporting your country all
the time and the government when it deserves it.
-Mark Twain

"Sacramento Paralegal" <sactoparalegal@aol.comREMOVE> wrote in message
news:20041115231209.05986.00000455@mb-m19.aol.com... My new neighbors have taken it into their minds that they want to
replace the fence between the properties. While it's not the prettiest thing,
it is adequate for its purpose and I don't think it needs to be replaced
just yet. I have already twice told them that I do not currently have the
money to spare to replace the fence; they are adamant that they want it replaced
now, and they want me to pay half. I have offered to pay in the future, when I
have extra money; they initially demanded that I make installment payments
(which I cannot afford) and are now demanding payment in full in two weeks, on
threat of litigation. They cite Civil 841, which holds neighbors are mutually responsible
to maintain fences "unless one of them chooses to let his land lie without
fencing". At this point, if the fence were to blow down in a storm, I would
choose that option, since I don't have the money to spare to replace it and
really don't "need" a fence. However, they *need* the fence to corral their
dogs. I feel they are bullying me to get me to pay half of something that
I don't agree we need right this moment. Any comments, advice? After my having told them three times now that I do not have the
money right now, and will pay them later when I do, can they really sue me for
not paying now?

Your promise to pay for half of the cost sometime in the future is a
problem. The best thing would have been to tell them politely that
you will not contribute to the cost of any new fence. But done is
done. I think the best you can do now is to send them a certified
letter saying you won't contribute to the cost of any new fence.
Don't mention the previous offer to pay half. There is no sense in
putting that ill-advised promise in writing. Don't explain. One
sentence will be enough. Then hopefully, either they will drop the
project, or some time will pass before they go ahead.
Use Certified Mail, Return Receipt Requested. Keep a copy of your
letter. Keep the return receipt and the post office receipt for the
mailing.

If they sue you, then you defend. Should be no problem if they
haven't built the fence at that time, because you have the fence as
evidence. If they go ahead with the project and then sue, then you
defend. You should prepare for that by having an independent witness
take pictures. It should be someone who knows how to protect the
pictures in a chain of control sense. You could get an independent
witness to be the star of a video tape in which the star points out
the satisfactory quality of the fence. Or you could get a couple of
quotes from contractors for minor repairs, and then just save the
quotes to use as evidence.

The best possible result would be for the neighbor to go ahead and
build a beautiful fence, and you pay nothing. One of the benefits is
that it would be on the neighbor's land. That gives you a few more
inches of yard. One more thing. If the old fence is entirely on your
land, tell the neighbors that they can go ahead and build whatever
they want, but don't touch your fence.

McGyver