Landlord Question and Answer Forum

Hi All: During a recent weather/high winds, my investment property's fence went down. Since its a shared fence, the insurance is ready to bear 50% cost and the other 50% should be borne by the neighbor. Now, the neighbor says: #1. Does not have money #2. Doesnt want to go thru insurance (I verified calling his insurance company and they do NOT increase the premium for fence repairs) #3. Need to resolve this as I am expecting new tenants.. Any help/idea on how to resolve this deadlock is highly appreciated -

Although fences are generally between 2 properties, ownership isn't shared. On whose actual property does the fence sit? Who installed the fence initially?

Posted by Chris G, FL on Thursday, May 25, 2017

I believe most fences in CA are on the property line and is shared by each property owner. Be cautious about having insurance company contribute to replacement. They usually look at the fence age and adjust the cost for that. Next, if its a shared fence they will only pay for 50% of the adjusted cost. And finally, they'll subtract your deductible. And it may go against you as a claim. Something to think about. See if you can work something out with the neighbor. If not, you can leave it as is or pay for the replacement and take neighbor to small claims. There's a good chance the Judge will rule in your favor. However, the only problem is being able to collect. I guess you could always work out a payment plan (in writing). Keep us updated.

Posted by Stan M, CA on Friday, May 26, 2017