upper soil grade). I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! I want to replace our fence and sent multiple notices to our neighbor south of us. 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. I would send them a letter certified mail with return receipt requested (for proof should you need it down the road) to immediately stop[ all harassment against you, state that you will not be paying them a dime as you were not the homeowner at the time of replacement, and should they wish to take you to court, go ahead! As far as extending the fence, as long as it was built on the boundary line between your two properties, I do not see why you couldnt continue the fence off the post where he ended the one he built. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? ( Remember, we were never approached about this at all. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. The neighbors called and threatened to sue us. Am I still responsible for half? margin-left: 0; Thanks. This appears to be the pattern on our block. Who is Legally Responsible for a Retaining Wall My question involves real estate located in the State of: CA (unincorporated Alameda County) I am the uphill homeowner, my neighbor is the downhill owner. To check your legal obligations and responsibility regarding retaining walls, you should contact the Building Department at your local council office. Jim, thank you for the great question. It refers to a fence that uses sandwich construction, i.e. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. Still proceed to have the fence repaired and then take her to small claims? I would imagine it will not be built as well as a professional could do, therefore down the road, it will likely fail much sooner! Use of tiered walls is a special condition where two or more short walls, horizontally offset from one another, are used in lieu of a single tall retaining wall. It does not extend the full length of the front yard (only about 15 feet of 45 or so). As far as tearing down part of his fence. This is if you dont take the proper steps leading up to the construction of the fence. Secondly, I wouldnt pay them a dime if I were you. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. If you have any further questions regarding Californias Good Neighbor Fence Law call RC Fences today and we can walk you step by step through the entire process to make sure you dont make any mistakes and risk having to pay the entire cost of your new beautiful fence! Our neighbor wants to replace the fence with vinyl fence. Personally I dont think they look as close to real wood as they need to. 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 . : 2022121 california civil code 841 retaining wall 2022121 california civil code 841 retaining wall We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. I have offered to help with the labor and split the cost 50/50. They have their vinyl fence and we have our wooden fence (though not economically sound). I have a fence that is in need of replacement. After I threaten to take him to a small claims court. I have issues with that because the old fence had the planks on my side. If he followed these steps then he could go after you in court and would likely win. 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. Bonde v. Bishop, 245 P.2d 617, 621 (Cal. I paid for the whole thing and did not ask the neighbor for any help or money. The fence is about 6 inside our side of the property line and is about 15 feet long, extending from our backyard gate towards the front yard/street. It gets a little complicated when it comes to retaining walls. Thanks for any input. Why would this be true.. the fence is not on the boundary like therefore it is the responsibility of the property owner in which has the entirety of the fence on their property to maintain it as they like. The fence needs to replace much of it because of the poor maintenance on my neighbors side. By reading the law it seems like I dont really need his permission to build the fence due to its condition and previous incidents but Im trying to keep the peace. He said he will take me to small claims if I do not pay him. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. I think she should pay half. This definition also applies to freestanding pool walls. Remember he Im in LA county and spoke with a small claims advisor they said that I could sue for half the cost of the job with quotes, but apparently a judge cant order for the consent of the job, but I figure at that point if youve already had to pay you might as well agree to the fix. The good news, you have absolutely nothing to worry about. Join for use: the attachment of another fence to the boundary fence At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. If the project requires consultation with a structural engineer, hourly charges range from $100 to $200 per hour. Maldri, I would recommend that you try and sit down with your neighbor and explain to them that the wall they built along with the overwatering is causing the fence to fail prematurely and see if they are willing to make the necessary changes to prevent this from continuing to take place. This year the fence is leaning towards our house and part of the fence is on the ground, my wife got 3 bids and has contacted a contractor to build a new fence she sent a letter to the gentleman to tell him we are going to replace the fence and He sent us an e mail and I quote as for sending me a bill for my portion of the fence, since I personaly did not agree to participate in the replacement there for I will not pay anything. Do you need a French drain on your property? He asked us to help pay for the leaning retaining wall between our properties. The answer is a definite NO She cannot make up the rules and make you agree to her installing the fence while you pay for all the materials. If the retaining wall was a structural requirement of the lot grading . He set the first two panels on the slope with good side facing him. The next day, while I was gone, the neighbor came to my wife very agitated and critical, saying, how inconsiderate this was for us to do, how could we, and it was his fence and we were using it and encroaching on his property. Some retaining walls are structurally necessary, others are purely for looks. A civil or structural engineer should design any walls that rise more than 1 m high. 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. Putting up walls can be a good thing. They are extremely weak and the most a customer should expect from them is a few years life. As I just stated I would be very hesitant to allow her to build the fence for two reasons. Whether they are facing financial hardships of their own, are very tight with their money, or just take no pride in the upkeep of their property, the refusal usually comes from the misconception that they are not legally responsible to pay. 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. Pile group reduction factors are not applied, 40 kip for extreme limit states. Good luck! My neighbor fence between the driveways in California needs to be replaced from wind damage last December. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. 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. But we do not like the look of vinyl fence. When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. Make a demand to the neighbor for half of the costs. 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. This has been on going for 3 years. Code 841, but my fear is that after having a letter certified to her, she will either ignore it or refuse after the 30 days. I live on a hill and a fence that is about 30 years old exists between my neighbor and me. Thanks for any time you spend reading about my situation. If he continues to do so anyway, call the cops. Today I go into my yard to find our shared fence down! Remove quotes around phrases to match each word individually: "blue drop" will match less than blue drop. The second and third reasons only apply if the fence needed to be replaced in the first place, but I will touch on them anyway. Despite this, many neighbors will downright refuse to pay a penny towards the costs. I understood and said whatever wood you do your fence we can get. Our property is the lower one and theirs is the higher one. Code in most cities is as follows: retaining wall can't be on the property line because the neighbor who is at the lower elevation owns the wall and has to have enough room at the top for proper drain lines. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. I would definitely go ahead with the notice to alter shared boundary as soon as possible giving the neighbor as much time as possible before construction commences. 2017 Montclair Constructions | Designed by by Web and SEO Guru. I mentioned it to my neighbor and he does not see anything wrong with the two fences. He came and did the job. If they do not want to do that then they can eat the costs as they rushed to replace it when they should have waited until they spoke with you, the new homeowner! HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. Would you please comment on this: After getting the small claims judgement, and the other party still refuses to pay, get the judgement RECORDED, as it then attaches to the property. Does this mean both neighbors are responsible for the cost of the retaining wall as well? Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. I have a neighbor that replaced my fence on one side. against one of my trees. Who knows, if this were allowed to take place a neighbor could hire their cousin lets say and pay him whatever fee and then later claim the costs were way higher than actually paid in order to make him or his family member/ associate some extra money. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? In order to interpret this building code section correctly, a clear understanding of the following terms is essential: Retained Wall Height is the vertical distance measured from the bottom of the footing to the finish grade at the top of the wall (i.e. Nolo.com. I hope this answers your question somewhat good luck with your neighbor! Revised on 02-04-2022 A retaining wall is a structure designed and constructed to resist the lateral pressure of soil, when there is a desired change in ground elevation that exceeds the angle of repose of the soil. Paying in full and go to court is not a good resolution to this situation. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Im looking forward to returning to your website. I still cant see this fence from my property. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). The quotes Ive gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. Which has become an eyesore. She is still refusing to do her part. Retaining wall responsibility My neighbors are claiming that an existing retaining wall that is failing is on my property and that I am 100% responsible for it. Start out by documenting the current condition of the fence. There hasnt been any communication at all from my neighbor No fences. Engineering Professional(s) Professional engineers and licensees who are registered or licensed by the . How do I keep the gap clear or how can I get my neighbor to allow a new fence on the property line (since he has 2 large dogs it cant come down without his participation)? I dont think I see this covered: I share a fence with a neighbor, and they have six 2-story-tall trees (overgrown weeds, really) growing tightly next to each other, just on their side of the fence. border: 2px solid #cfcfcf; They have the planks on their side and our side has the 2x4s. There is a fence that runs right through our parcel it is aprox. What can I do Im being harassed. Does this remove us from mutual benefit responsibilities and paying half of the replacement? But the legal issues can be as muddy as the mess in your backyard. Theyre so close that the trunks of the trees have pushed against the lower fence rail and caused the fence to separate from one of the posts and lean into my yard. Spoke to the neighbor again, told him I want to move the fence to the property line, first he said fine as long as its a block wall, so we got estimates but that was too much, so then he said we could move my fence to the property line, and then yesterday changed his mind again and said do not remove original fence! First off, please whatever you do, do not pay this man a dime. California's Good Neighbor Fence Law RC Fences and Decks Dispute arising between neighbors over boundary fence? then more than likely a judge is going to side with you. Yet, since you werent even the homeowner at the time of replacement, I would say in my best judgment that they have no legal standing against you. The property line shows that the easement belongs to my neighbors parcel. Construction details, including retaining wall cross section. I will have to replace the rest of the fence to install the gate since I am moving it. Especially since they are quite a bit more expensive and in theory will last a lifetime. I want to get this done the sooner the better and he has not giving me a response since December 2020. All dogs get out. I asked a contractor how much to tear down my older wooden fence. Usually driven into the material with boring, or rotation and drilling anchors are then expanded at the end of the cable, either by mechanical means or often by injectingcement, which expands to form a bulb in the soil.
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