Neighbor Obligated to Construct Block Fence

Posted on September 15, 2007 by AAR

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ISSUE:

Two neighbors share a common property line. On the common property line is a wooden fence in good condition. One neighbor has just purchased a large dog and wants to take down the wooden fence and construct a new block fence. The other neighbor is satisfied with the wooden fence. Does the other neighbor have to pay one-half of the cost to remove the wooden fence and construct a new block fence on the common property line?

ANSWER:

Probably not. The general rule is that the cost to repair and maintain a common wall is shared by the two neighboring property owners. If the existing wooden fence is in good condition, no new block fence should be necessary. Therefore, the cost to remove the existing wooden fence and build a new block fence should be paid by the neighbor who wants the new block fence. Note: Any applicable CC&Rs should be reviewed, inasmuch as most CC&Rs have rules relating to common walls.
Arizona REALTOR® Digest September 2007

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