My last correspondence by text with the homeower who lives out of the area is if you want it done now you can do that and pay for it all yourself. The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? The neighbor sent me the written estimate from the construction person that showed the same price, but did not say panels but said the fence would be built from boards. What other option does a homeowner have if their fence is failing miserably and needs replacement immediately, yet their neighbor refuses to pay a dime? If there is a better option out there please let all our readers, as well as I, know! The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! Yes, there are no provisions in the statute to account for one neighbors actions, i.e. We are planning on filling our in-ground pool and need a shared fence temporarily removed to allow for pool demolition equipment to enter the backyard. Essentially, neighbors are required to refrain from doing anything to their land that undermines a neighbor's land; or if they do, they're required to shore it up properly at their own expense. You bring up replacement due to aesthetics and upgrading a fence? There has never previously had a boundary fence. for court! My neighbor fence between the driveways in California needs to be replaced from wind damage last December. And approached us in an aggressive and very critical manner. Brian, sounds like you have it pretty much figured out. Our backyard neighbors dont trim their trees (70 feet high) or their shrubs and now a few sections of the fence are leaning in our backyard due to the foliage pushing against and through the fence. Those people moved out and a new family moved in. The amount to pay is not a small amount and it can take a long time to collect. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. I am not certain if I have any legal obligation to do anything here. Also, the new fence could not be an unnecessary upgrade from the previous fence. in the yard, providing security & privacy, etc. She has to get three separate estimates and then you two can agree as to which company to go with. First off, please whatever you do, do not pay this man a dime. Shouldnt they have to replace the fence since they removed it? The fence falls after he rent it out to another family who as well as me has 3 large dogs. I sent a link to a fence I had received an estimate on: This fence was panels with lattice on top from Lowes to replace the falling down fence that was not panels but simply boards but would match the rest of the shared fence. To check your legal obligations and responsibility regarding retaining walls, you should contact the Building Department at your local council office. That 32 of fence is behind a large hedge and is not even visible from my property. Structure footings supported by the retained soil The fence was not leaning and still standing up and was holding up to natural elements such as wind but the neighbor claimed he or his dog could break the planks. Here is a short section of the actual law to better explain what I mean by this: Boundary fences sit on the boundary line between two properties. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. Any tips on how to proceed? 2016 Family Owned and Operated Get a FREE Estimate! If they refuse to pay for half the costs, then Yes you can still take them to small claims court. This guy is very unstable and recently called the cops on me for vandalizing his toyota camary because my sprinkler popped and (lightly) sprayed his cars passenger side, which he berated me for. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. /* see gallery_shortcode() in wp-includes/media.php */, All These walls above require Building permits. margin-left: 0; Can she insist on a new fence and I have to pay for half? I will have to replace the rest of the fence to install the gate since I am moving it. They have the planks on their side and our side has the 2x4s. Also, the fence was still in decent shape and we hadnt planned on replacing soon. Pr nC-sesooi AgGrnoeDv-2Wdl -d i enuf# R-sngei l i eti aal - egbc.ca Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. As far as the charging you for cleaning costs, etc. 200 from either boundary. He charge me $80 that I paid him because I am tired of being harrassed. The fence currently keeps the neighbors (lot to the east) cattle in. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Neighbor wants to replace fallen fence due to construction on his property. #gallery-1 img { Ok here goes I understand your frustration with your neighbor after stating you would cover all the costs, for him to complain about a vinyl fence. Secondly, I wouldnt pay them a dime if I were you. Of course, like many laws there are exceptions. Simple as that. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. That is, if you're talking about retaining wall ideas in your landscape design. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. However, he wants all the planks on his side while the 2x4s are in my side. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. Whether the climate is wet or dry, the walls must support the earth. Therefore it seems to me she is trying to rip you off! And her contractor for one year. I am sorry I am reading this over and I think I understand your question. Construction details, including retaining wall cross section. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. According to the law, you do have the responsibility to pay for half of a shared fence. Pics and docs of the current properties fencing There were 3 major mistakes on his part. Putting up walls can be a good thing. If you dont approve of this my advice would be to split the cost equally in which you will probably have to agree to alternate panels or build a good neighbor fence. It leaves me in this terrible circle. A lot of people make the argument that since they dont care if their property has a fence or not, they arent benefiting from the fence. Shirley Jean. When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. Retaining Wall Permit | County of San Mateo, CA My gate is set back from the street more than my neighbors. Cantilever or segmental gravity retaining walls with an exposed wall height of three feet or less, where the retained soil does not support a surcharge (i.e. No, this will not cause any issues whatsoever. I wish I could help you, if you live around the Concord, CA. -Lastly, and I believe the answer is yes to this but is the retaining wall on the boundary line separating you from your neighbors property? She is still refusing to do her part. 13. UBC 106.2, item 5 states that: A building permit shall not be required for retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge . california civil code 841 retaining wall - handsawpress.com Typically constructed of reinforced concrete masonry units or reinforced concrete stem wall supported on a reinforced concrete footing. Especially since they are quite a bit more expensive and in theory will last a lifetime. Thank you for your article. I paid for the whole thing and did not ask the neighbor for any help or money. The panel sits at about 8-9 ft off the ground. 30 years ago, the original owner of this neighboring house decided to build a 2-to-4 foot retaining wall (30-feet long) at his cost without consulting with me. I bought my house last year and my neighbors decide to redo their fence . However, if the neighborhood has a fence around all properties, it really doesnt matter much if the fence is 1 foot over on his yard. If it is on your property and you are sure of it (please make 100% sure) then yes you can go ahead and do whatever you want with it, such as tear it down. I signed a contract and the day before installation neighbor said no, fence could not be removed, so I had to have it installed on my side (plus pay the total $3000). Please let us know what better route there is to take, I am sure all our readers as well as I would love to hear all the other options out there! His tenant dog Kill my dog. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. The fence does not enclose their front yard but is still a neighboring fence. He came and took measurements and then said he would have to contact the homeowner to get approval and that I would have to use their contractor. Nolo.com. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. We were gone for a free days, and the contractor had a job cancel, so he asked if he could come early and remove the fence. Retaining wall responsibility | Legal Advice - LawGuru Then let him know you would be willing to cover 100% of the costs as long as he is willing to switch to a vinyl fence. What was the outcome regarding the neighbors trees/vegetation ruining your fence? My neighbor just bought the house next to my rental and moved in and want to put up a new fence to replace the existing one. If he followed these steps then he could go after you in court and would likely win. The pool has nothing to do with it. Retaining Wall Cost: Labor Prices and Material Estimates - Forbes 15 - Retaining Walls | Los Angeles Bureau of Engineering Permit Manuals There are three main definitions: Occupancy: use of the land up to the fence I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). The wall was apparently put up to create a level lot downhill from my property so another house could be built. Nat, yes you are correct. Deferred approvals will not be permitted.
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