Neighbor cut hole in fence.

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.

 

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

 

You were given additional options above.

 

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.

 

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

 

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.

 

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.

That's not what the law you cited says.

That's not what the law says.

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

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

 

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.

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.

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.

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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.

 

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.

And, again, the code section you cited does not say that.

The bolded/underlined portion above is what you did NOT post.

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Now you're putting words in my mouth. Go back and read what I posted again.

 

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.

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

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.