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HomeMy WebLinkAboutAV 86-11; Harold & Paula Vickery Fence; Administrative Variance (AV) (4)LAW OFFICES FERMAN W. SIMS A PROFESSIONAL CORPORATION 4405 MANCHESTER AVENUE. SUITE 102 REPLY TO. ENCINITAS. CALIFORNIA 02024 ?OST OFFICE BOX SO9 942-6117 110 WEST C STREET. SUITE 2202 SAN DIEGO. CALIFORNIA S2101 233-1a1a July 23, 1986 Mrs. Evelyn S. Ditlevsen 7731 Calina Way Carlsbad, CA 92008 Re: Boundary Fence Dear Mrs. Ditlevsen: I appreciate your speaking with me on on Friday, July 18th regarding your letter dated June 27, 1986 to Mr. & Mrs. Howard Vickery. I have reviewed your letter and Section 1013 of the California Civil Code which section does not appear applicable to this matter. Specifically, Section 1013 relates to situations where an agreement did not exist. In this case, information provided to me indicates that an oral agreement did exist to install the fence, along with your representation that you would pay for one-half of the materials, which is corroborated by a third party. - Additionally, it appears that the wooden fence was installed in the same location where you had previously maintained a light weight wire boundary fence and that you did not change your mind as to payment of one-half of the materials until after all posts were installed and a portion of the fencing was in place. My research of the law indicates that Sections 871.1, 871.5 and 841 of the California Civil Code are controlling regarding this dispute. Basically, these sections involve the rights of a good faith improver of property owned by another and duties of conterminous owner to equally maintain the boundaries between them. The damages you allude to in your letter were never brought to the attention of Mr. & Mrs. Vickery at the time you mentioned the mortar on your decorative rock. As you know, Mr. & Mrs. Vickery retained workmen to clean up this area and replaced said area which contained loose mortar. The light weight chicken wire type fence was replaced with a wooden fence per mutual agreement. Mrs. Evelyn S. Ditlevsen Page Two July 23, 1986 This is a type of matter that will be to the benefit of all parties to resolve itself in the early stages so I would suggest that you discuss this matter with your attorney and provide him with a copy of this letter. Basically, our legal position is as follows: 1. The fence was constructed in its present position based upon an oral agreement of neighbors. 2. The fence is not to be taken down or in any way altered by you or your agents. 3. YOU are legally obligated to pay for one-half of the materials of this boundary fence but Mr. & Mrs. Vickery are willing to waive this obligation owing to them provided this matter is resolved at this time without any further demands being made upon them and without further costs to defend against these demands. Lastly, it will be to the advantage of all parties to cooperate in resolving this dispute at this time. I urge you to discuss this matter with an attorney and feel confident that you will also reach this decision. - Thank you in advance for your anticipated cooperation. It is unfortunate that this problem has arisen but it is not too late for all parties to exhibit restraint and consideration for their neighbors' peace of mind and privacy. Therefore, I trust that this matter will come to a speedy and amicable resolution. I remain, Very truly yours, FERMAN W. SIMS cc: Mr. & Mrs. H3rold Vickery FWS: sw 5.040