Apartment and Rental Properties - Problem Fence

I have a rental property in San Diego Ca. The fence between my house and my neighbors is in disrepair. I do have a swimming pool, but it is in a separate lockable enclosure on my property. The neighbor has said that she has gotten an estimate from a fence contractor and wants my address so that she can send me the invoice and make me pay half. Am I obligated to pay half, because right at this point, I really can not afford it.

Thanks

Who's property is the fence on? She can't contract to have a fence repaired that isn't on her property or make you pay for a fence on hers.

If the fence is directly on the line, you might need to consult an attorney. Many will answer a question on the phone for free.

I don't think she can make you pay for it unless agree to it ahead of time.

The fence was there when I bought the property, so it should be on the property line.

Thanks

The fence was there when I bought the property, so it should be on the property line.

Thanks
Unless it was a new development where all the houses have fences, that may not be the case. But regardless of where it is, unless it was put in by the developers and the covenants say something about it, you don't have pay for it. If she want's it fixed, it's her problem. She should have approached you nicely anyway.

If the fence is on her side of the property line, it's her fence. If it is on your side of the property line, it's your fence. If the developer put the fence on the property line, then it's a shared fence. Check your deed for a description of the property to see if there is language that addresses the fence as well as the location of the property line in order to clarify fence ownership.

Often neighbors offer to pay 1/2 in order to encourage a neighbor to help with his 1/2 to get the fence replaced or repaired. A neighbor may or may not help. And, as you indicate, sometimes a neighbor can not help even if he wanted to.

I would be honest with the neighbor and tell her that you simply do not have the money at the present time to help her even though you would love to because the fence is in such a state of disrepair. Because the neighbor states that she is going to invoice you for 1/2, I would follow up with a letter. Either mail or drop a letter off at her door. Keep a copy for your file. Simply tell the neighbor that you agree that the fence is in a state of disrepair and that it needs replacement or repair, but at present you are unable to help her offset the costs by paying 1/2 and that you are unable to be financially responsible for any improvements to the fence at present time. I'd also take some pictures of the fence and place in the file along with your copy of the letter.

California Civil Code does state:

841. Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them;
2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards encloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter.

The key words are "mutually bound." Should you choose to let the land lie without fencing as in #2 above, that may be an option. Whether or not #2 can apply in this case or if she has legal recourse and can force you to pay 1/2 would be a question for an attorney. There are organizations like Legal Aid that offer free advice.