By Colin McCarthy, J.D., Robinson & Wood, San Jose, CA

I recently had a neighbor suggest to me that we jointly fund a new fence along my side of the property that adjoined his. The fence was dilapidated here, but nowhere else. I was open to the idea, but wondered why I should share in the cost if this was the only place my fence was having problems. On all of the other adjoining property lines the fence is fine. Why this one? Maybe because his property was six inches higher than mine on his side of the fence and was pushing into mine? Fences are frustrating.

So why would you want to build one on property you rent? There would appear to be no common law duty in California to erect fencing to prevent entry onto your rented property to prevent injury or property damage. (Check your local laws to see if they are in accord). Some scenarios might compel it — to keep third parties away from a pool or electrical hazard. But absent some kind of foreseeable danger, there would not be a requirement at law.

Indeed, could it promote new obligations if the landlord builds a fence? Certainly, the landlord would have to maintain that fence, once built. He would not want to build a dangerous one. One with loose boarding. With nails sticking out. Or a ladder leading right to barbed wire. And if the landlord builds a fence on his residential rented property, he would have to maintain it to prevent little tykes who reside therein from busting loose onto adjoining property and getting injured.

Wait a minute. What? He would? Yes. If, say, there was a creek on nearby — but not owned — property, and the landlord put the fence up to keep his tenants away from the creek, the act of creating this fence is an act of exercising “control” over the adjoining land, thereby suggesting a duty to prevent injuries on that adjoining property. Cases in California have held a duty in such scenarios.

This is contrasted in those situations where there may be a dangerous condition nearby and the landlord does not erect a fence, such as near a busy road.  There, the landlord does not owe a duty because he did not exercise any control over the busy road by erecting a fence. The plaintiff, in one case which found no duty on the part of the landlord, ”was one of many children residing in an unfenced apartment complex that fronted on a busy road. He was injured when he walked off the premises, into the road, and was struck by an automobile.”  McDaniel v. Sunset Manor Co., 220 Cal. App. 3d 1, 10 (1990).

So is it better not to erect a fence at all? As we lawyers like to say, it all depends on the facts and circumstances of the particular property and tenants. Since ATPM blog readers are responsible types, there is a strong argument to be made that the erection of a fence to prevent injury on an adjoining property is not only the right thing to do, but one which will prevent injuries (and thereby lawsuits). These loyal readers will not let their fences fall into disrepair, and thus avoid the problem altogether.

This blog submission is only for purposes of disseminating information. It does not constitute legal advice. The statements in this blog submissions do not necessarily reflect the opinions of Robinson & Wood, Inc. or its clients. No attorney-client relationship is formed by virtue of reading this blog entry or submitting a comment thereto. If you need legal advice, please hire a licensed attorney in your state.

It goes without saying that selling your property is a large undertaking. Arming yourself with as much information as possible, surrounding yourself with knowledgeable professionals, and exercising due diligence when it comes to pre-sale property preparation can make all the difference in the world between a smooth, profitable sale and a stressful selling experience.

Your REALTOR® is your best friend.

Or at least he should be. Picking a REALTOR® is one of the most important decisions you will make when it comes to selling your property. Do your research and make sure to speak with other property owners and trusted friends for recommendations. After you have created a short list of potential REALTORS®, bring a few of your top choices in to take a look at your property and to “interview” with you. During this interview, you’ll want to gauge not only their industry knowledge and neighborhood expertise, but also determine how their personality and sales style meshes with yours. After all, this is someone you’ll be working closely with and entrusting with one of your most valuable financial assets. This is the time to be picky.

Make sure the price is right.

While it’s obviously important not to undervalue your home, it’s just as crucial not to overprice it. Generally speaking, overpriced properties linger on the market, potentially developing a bad stigma with agents and buyers. In short, an overpriced property is far more difficult to sell in the long-run and chances are the price will ultimately have to be lowered to match the market anyway. A fairly-priced home, on the other hand, will result in a quicker sale, more offers and, potentially, a higher price from competitive multiple offers. Pricing a property is all about strategy so, again, finding a savvy agent is critical.

Comparative sales are a great way to gauge the current market value of your property and to ensure your price point is one the market will bear. Your REALTOR® will have easy access to this information and should utilize it to gain a clear idea of the appropriate listing price.

Boost your curb appeal.

Potential buyers often begin their property search by driving by properties and narrowing their search down from there. This is to say that on their first visit to your property, they may very well never even walk through the door. As always, first impressions count so the exterior of your house should be as tidy and appealing as possible. Make sure that your yard and porch are clean and uncluttered, wash down walls and windows so everything is sparkling clean, and ensure that your yard is at least well-cared for and—even better—landscaped.

Staging goes a long way.

Staging is becoming an increasingly common practice in the real estate business. Staging involves bringing a professional into your property to outfit it with furniture and decorations that complement the house and demonstrate to buyers what it can potentially look like. Staging helps houses look more like homes and can make the difference when it comes to buyer interest. Ask your real estate agent for a good recommendation.

Ask tenants to pitch in.

In the case of rental properties, you may well have occupants in units while potential buyers are viewing your property. Make sure to give your tenants plenty of notice that potential buyers will be coming through and ask for their assistance in keeping everything as clean and tidy as possible. As with staging, this sends visual cues to potential buyers and may well increase your property’s salability.

While preparing for the sale of your property can seem daunting, like anything else it’s a step-by-step process. Taking your time, being thorough, and working with all the right people is the best way to ensure that your property sale is as smooth and profitable as possible.

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Reading about real life property management situations and the lessons other landlords have learned the hard way is a great way to get practical tips that will help you solve issues that could potentially become tenant complaints in the long-run. After all, why make your own mistakes when you can learn from those of others?

• When bed bugs infest your property are you responsible? This British property management company argues that bed bugs are the tenants’ responsibility.
• Noisy neighbors are a common source of tenant complaints. Find out what tenants have to say on the matter by clicking here.
• Prevent tenant complaints before they happen by outlining tenant living guidelines.
• Don’t end up like this landlord.  If you have broken windows, fix them. If you have rats, exterminate them. If you have gas leaks, close them.
• Tenant compliants can result in a PR nightmare. Case in point: After reading about Connolly Properties, would you want to rent from them?

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• Many clever cities are cutting down on crime with the Good Landlord Program. Landlord’s are trained to screen tenants and are financially rewarded for their efforts—a real win-win!
• Speaking of screening, RottenNeighbor.com is a great tool for screening tenants and evaluating investment properties. Oh yeah, and it’s fun!
• Have you ever thought about how much a tenant dispute may cost you? Find out what you’re getting into with with Cost Helper, a quick way to estimate costs for landlord-tenant disputes.
• Hmmm … not the best (or most legal) way to evict a tenant. Leave your shotguns at home and do it the right way by consulting your attorney.
• It’s rare (very rare), but we all make mistakes. Don’t fall victim to these common property management mistakes.

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