Neighbor cut hole in fence.

Jurisdiction
California
Recently I found a hole cut in the bottom of a shared fence. The area of the hole is in a seasonal creek that with heavy rain has a tendency to get maybe 2' twice a year, but the water level mostly sits at around 6." It does have the tendency to build up pine needles and debris from my side of the property but I try and clear them off whenever it gets thick to keep the water flowing. My new neighbor (8months) performed some work bracing the fence but without my knowledge cut a 4' wide by 18" tall "drain hole" in the bottom to allow debris to flow through.Mind you the fence posts were put at the property boundry in the 70s. Before either of us owned out properties. I put my fence on those posts in 2004 when I moved onto the property.

When I confronted him about him repairing the hole he told me he fixed the fence, which he did not he only allowed an escape hole for my dog. which has been another issue. He has told my neighbors he is going to sue me for my dog barking at him. Which is only when he is near the property line. His property is 10 acres and mine is 2 acres. She has never bitten or nipped anyone and I feel she will never. But like most dogs do, she is merely protecting her property.

I have since repaired the hole and he has since cut out my repair. Wondering what happens if my dog gets out and is picked up by haven humane who is responsible? Also what is my liability to this share fence that he insists on damaging without notice.
 
Wondering what happens if my dog gets out and is picked up by haven humane who is responsible?

You are responsible for your dog. Period. It's up to you to figure out how to keep your dog under control, even if you have to put up a dog run within your yard while you are attending to your neighbor.

As for the hole he keeps cutting after you close it up, you will need to go to court and get an injunction against him. If he violates the injunction he can be found in contempt and end up in jail if he continues to not comply.
 
Are you sure that the law allows you to block the flow of a natural waterway with your fence? You'd better check it out before you push too hard on this matter.
 
First, the posts installed 50 years ago may not be on the property line. Have a survey done to mark the actual property line and see if this is even on your property.
Second, as above, check to see if this fence is in compliance with state laws and local ordinances regarding drainage and obstruction of waterways.

If everything checks out, take the matter to court if you are unable to resolve things on your own.

A possible solution to discuss with the neighbor- build a portion of fence that will rise with the water level that allows debris to pass underneath and keeps the dog in.
 
You are responsible for your dog. Period. It's up to you to figure out how to keep your dog under control, even if you have to put up a dog run within your yard while you are attending to your neighbor.

As for the hole he keeps cutting after you close it up, you will need to go to court and get an injunction against him. If he violates the injunction he can be found in contempt and end up in jail if he continues to not comply.
 
So I guess that if the neighbors dog gets into my yard attacks and injures my dog he is not at fault for repeatedly making an access hole to my yard? Like if I was to walk up to your fence cut a hole in it and let your animal out I'm not responsible for the well being of the animal you are? Ok well thank you for your time, I appreciate the free advice.
 
So I guess that if the neighbors dog gets into my yard attacks and injures my dog he is not at fault for repeatedly making an access hole to my yard? Like if I was to walk up to your fence cut a hole in it and let your animal out I'm not responsible for the well being of the animal you are? Ok well thank you for your time, I appreciate the free advice.

Way to read only a very small portion that was said, then stomp off in a huff.
 
Way to read only a very small portion that was said, then stomp off in a huff.



I didnt mean to seem huffy. Just would like to know what I can do to keep this guy from cutting holes in my fence. But I got "put up a dog run" I realize I am responsible for my dog the fence is my security for my dog not getting out. But if I repair it he removes the repair. I dont see how he can do that and not be held responsible. What is going to stop the guy from cutting holes in the whole fence without telling me. That's what I wanna know.
 
I didnt mean to seem huffy. Just would like to know what I can do to keep this guy from cutting holes in my fence. But I got "put up a dog run" I realize I am responsible for my dog the fence is my security for my dog not getting out. But if I repair it he removes the repair. I dont see how he can do that and not be held responsible. What is going to stop the guy from cutting holes in the whole fence without telling me. That's what I wanna know.
You were given additional options above.
 
So I guess that if the neighbors dog gets into my yard attacks and injures my dog he is not at fault for repeatedly making an access hole to my yard?

No, the owner is responsible for his dog. Whether he is responsible for the fence or not is different. It is possible your fence is on his property. The existing posts when you installed the fence were not necessarily on the property line.
 
Just would like to know what I can do to keep this guy from cutting holes in my fence.


Others have provided you with several useful suggestions, as well as thoughts to ponder:

If everything checks out, take the matter to court if you are unable to resolve things on your own.

A possible solution to discuss with the neighbor- build a portion of fence that will rise with the water level that allows debris to pass underneath and keeps the dog in.


You are responsible for your dog. Period. It's up to you to figure out how to keep your dog under control, even if you have to put up a dog run within your yard while you are attending to your neighbor.

As for the hole he keeps cutting after you close it up, you will need to go to court and get an injunction against him. If he violates the injunction he can be found in contempt and end up in jail if he continues to not comply.



Are you sure that the law allows you to block the flow of a natural waterway with your fence? You'd better check it out before you push too hard on this matter.



First, the posts installed 50 years ago may not be on the property line. Have a survey done to mark the actual property line and see if this is even on your property.
Second, as above, check to see if this fence is in compliance with state laws and local ordinances regarding drainage and obstruction of waterways.
 
Recently I found a hole cut in the bottom of a shared fence. The area of the hole is in a seasonal creek that with heavy rain has a tendency to get maybe 2' twice a year, but the water level mostly sits at around 6." It does have the tendency to build up pine needles and debris from my side of the property but I try and clear them off whenever it gets thick to keep the water flowing. My new neighbor (8months) performed some work bracing the fence but without my knowledge cut a 4' wide by 18" tall "drain hole" in the bottom to allow debris to flow through.Mind you the fence posts were put at the property boundry in the 70s. Before either of us owned out properties. I put my fence on those posts in 2004 when I moved onto the property.

When I confronted him about him repairing the hole he told me he fixed the fence, which he did not he only allowed an escape hole for my dog. which has been another issue. He has told my neighbors he is going to sue me for my dog barking at him. Which is only when he is near the property line. His property is 10 acres and mine is 2 acres. She has never bitten or nipped anyone and I feel she will never. But like most dogs do, she is merely protecting her property.

I have since repaired the hole and he has since cut out my repair. Wondering what happens if my dog gets out and is picked up by haven humane who is responsible? Also what is my liability to this share fence that he insists on damaging without notice.

I'm not clear on why a member of the forum thinks that you need a survey or makes the assumption that the fence may be on your neighbor's property. The fact is that in CA a boundary fence is one that is on the boundary or has been considered a boundary fence for the statutory period which is only 5 years. You used the fence posts that were in place for 50 years. Clearly a boundary fence.

Under California law a boundary fence is owned by you and your neighbor as joint tenants and neither of you can repair, replace it, or alter that fence without the permission of the other or a court order.


Law section.

The fact that your neighbor alters the fence (for whatever reason) without your permission is a violation of the statute. You should talk to a local attorney about your options to stop the neighbor from altering the fence.

In the alternative, your neighbor is creating a nuisance by cutting a hole in the fence that allows your dog to get off your property. The neighbor may also be committing a trespass. Both are also actionable in court.

I disagree with the members who say that it your responsibility to control your dog when someone else creates the conditions without your permission.
 
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I'm not clear on why a member of the forum thinks that you need a survey or makes the assumption that the fence may be on your neighbor's property. The fact is that in CA a boundary fence is one that is on the boundary or has been considered a boundary fence for the statutory period which is only 5 years. You used the fence posts that were in place for 50 years. Clearly a boundary fence.
Because, regardless of whether it's a boundary fence or not, if it's not on the OP's property, then the OP doesn't own it.

Under California law a boundary fence is owned by you and your neighbor as joint tenants and neither of you can repair, replace it, or alter that fence without the permission of the other or a court order.
That's not what the law you cited says.

Law section.

The fact that your neighbor alters the fence (for whatever reason) without your permission is a violation of the statute. You should talk to a local attorney about your options to stop the neighbor from altering the fence.
That's not what the law says.

In the alternative, your neighbor is creating a nuisance by cutting a hole in the fence that allows your dog to get off your property. The neighbor may also be committing a trespass. Both are also actionable in court.
How? According to you they share equally in the fence. How can one trespass upon their own property?

I disagree with the members who say that it your responsibility to control your dog when someone else creates the conditions without your permission.
Once the dog owner KNOWS of it, yes, it's the owner's responsibility.
 
Because, regardless of whether it's a boundary fence or not, if it's not on the OP's property, then the OP doesn't own it..

The fence has been in that location for 50 years. If it has be recognized by OP and the neighbors as the boundary line, then it is a boundary fence owned equally by each property owner. You should research boundary by agreement or acquiescence in CA case law.

That's not what the law you cited says..

Again, If the fence is on the boundary line, they both own it regardless of who built it. They both gain a benefit from it. But I will concede that what their predecessors did and agreed to makes a difference. It's a matter of facts.

How? According to you they share equally in the fence. How can one trespass upon their own property?.

I posted in the alternative that if this is not a boundary fence and the neighbor cuts a hole in the fence, that would be a trespass and a private nuisance. Let's keep to the word I post and you not putting words in my mouth.

.
Once the dog owner KNOWS of it, yes, it's the owner's responsibility.

So by your theory of whatever law, the neighbor lets the dog out of a fenced area and it is the owners liability? You need to explain that.
 
The fence has been in that location for 50 years. If it has be recognized by OP and the neighbors as the boundary line, then it is a boundary fence owned equally by each property owner. You should research boundary by agreement or acquiescence in CA case law.
Show me, in the code section you cited, where it says that both parties own the fence, as opposed to both parties being responsible, under certain conditions.



Again, If the fence is on the boundary line, they both own it regardless of who built it. They both gain a benefit from it.
And, again, the code section you cited does not say that.


I posted in the alternative that if this is not a boundary fence and the neighbor cuts a hole in the fence, that would be a trespass and a private nuisance. Let's keep to the word I post and you not putting words in my mouth.
The bolded/underlined portion above is what you did NOT post.

.

So by your theory of whatever law, the neighbor lets the dog out of a fenced area and it is the owners liability? You need to explain that.
Now you're putting words in my mouth. Go back and read what I posted again.
 
My new neighbor (8months)...

I'm confident this new neighbor would expect the property boundary to be what is stated in the deed. It's a good reason to have a survey done to check the accuracy of those old posts, since apparently the fence was installed on existing posts without verifying the property boundary.

But I will concede that what their predecessors did and agreed to makes a difference.

That seems to be the heart of the issue as the previous owner had no apparent issue with the fence.

It's a matter of facts.

The facts are on the deeds.
 
Assuming you and the new neighbor are going to have to live next to each other for many years to come, have you considered a compromise that will 1) allow the debris to not build up and 2) keep your dog on your property? Perhaps a length of chain link (or other other water-permeable material) along the bottom of the fence would do the trick.
 
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