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I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. There was nothing wrong with previous wood fence it had while home was in escrow. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! Your neighbor is on the hook for half of the new fence. Compare. At the very least, even if your neighbor doesnt see your side of the issue and still believes both of you should split the costs evenly, hopefully, you can convey the importance of proper care and maintanence for the new fence in the future to prevent another similar issue down the road. He charge me $80 that I paid him because I am tired of being harrassed. We asked if we could pay for a gate to be put into the fence at our cost so we could have access to the area. The neighbor is legally responsible to pay for half the fence but only for a fence of similar design not one that is upgraded or more expensive as in a vinyl fence. Consequently, when a fence needs repair, both property owners must share the cost. He argued that it was, and that the neighbor on the other side of him gladly paid her portion, and told me that legally, I have to pay. who takes overall responsibility for all aspects of the design and field reviews for the Retaining Wall. The allowable height of walls is stipulated in the Zoning Code. The fence needs to replace much of it because of the poor maintenance on my neighbors side. His tenant dog Kill my dog. The wall is leaning significantly toward my property and I am afraid it could fall. Engineering calculations and associated data; Soils report (if applicable) For detailed plot plan requirements see Building Permit Requirements. 13. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. What fees must I pay? We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. This morning we came to see that the townhouses HOA just took it upon themselves to remove the back wall so now we no longer have a back fence wall! Lateral resistance of each pile: and edge of footing is 1'-6". At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. This is very true OriginalWally, thank you very much for the information! In the broadest terms a wall on the property line might be shared. Can we keep the planks and not remove it? We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. As the wall is next to a footpath lying within the adjoining owners land, ownership of the wall to establish who is liable for the cost of repairs has become an issue. It is very good you havent paid anything for it yet. Shouldnt we have a right to easily access our own property? The fence is leaning and needs to be replaced. Now we are stuck and the cost is adding everyday to put home on market for sale. Once the fence is completed, make payment in full to the contractor, making sure to keep all documents such as invoices, receipts, copies of your check, etc. It just appeared one day. Join for use: the attachment of another fence to the boundary fence All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. He also damaged a small two foot retaining wall that serves in that corner of my yard as a decorative feature as well as a way to halt erosion. Do I have to pay for this to be fixed? If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. then more than likely a judge is going to side with you. I never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. What i am doing after reading your sites info: They did not inform us and did ask for us to help pay for the fence. If the neighbor has a fence around his house, whether he likes it or not, a court will find that he benefits from the fence. Well, I wish I could give you better advice but the matter is in your neighbors hands. I am very concerned the wall could fall. I have no contract with the men who put up my fence since there both Nccrc union works who pick this up as a side job. Read on to learn about property line and fence laws in California. If so, can I put up planks on my side, once its built? While you really cant fix the past, what I would do about the future is document the damage caused by the debris (showing the fence areas without trees and debris), and then ask them if theyd like to keep the fence cleaned off monthly, or would they prefer to split the cost of a lawn care service company to come and keep it cleaned off using a leaf blower. 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. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. The term good neighbor just refers to the style of the fence. Not only did you not own the house when it was replaced, but even if you did, they would have to give you a 30-day notice if you refused to pay half. If you have a retaining wall or are planning to build one, it is important to ensure the structural integrity of the wall. So if the wall was built because your neighbor (when the property was graded) wanted to level his yard he had to replace the lateral support to your property by building a retaining wall. Neither of these block types is recommended when the retaining wall is supporting a sloping backfill, any other surcharge or a solid fence. Our side of the fence with the 2x4s looks ugly and unfinished. 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. There were no fences and the neighborhood kids played freely in the yards from house to house. First is to let the neighbor know if his legal responsibility to pay for half the fence. We intend to remove the fence. "At the basic level, a retaining wall is a structure that holds or retains . I am willing to fix it but she wants a new fence. He offered to remove our old wooden fence for $600.00. Secondly, I wouldnt pay them a dime if I were you. #gallery-1 .gallery-caption { The most common dispute is who will incur the costs and whether or not there should be a shared responsibility due to the equal benefit the fence will have. We are buying land. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . Hes going forward with it and we will get the framed side. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. Whether the climate is wet or dry, the walls must support the earth. So, like many, I have a real A-hole neighbor! The whole development had to hire their own landscapers to do their front yards. Does it? Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. To check your legal obligations and responsibility regarding retaining walls, you should contact the Building Department at your local council office. Hi Annie, thanks for the great question! Home About Us Melissa, very good question. If you have ever sat through a small claims court session you undoubtedly saw at least one litigant going after a neighbor to pay for half of a fence. Assuming your neighbor will pay half is incorrect. Legal Question in Real Estate Law in California Who is responsible for a Retaining Wall? Our property is the lower one and theirs is the higher one. Once you get three estimates from reputable companies, present them to her, then decide on a fence contractor, and send your neighbor the 30-day notice. Neighbor wants to upgrade the whole new fence and pay for the whole project. The only issue is now you must collect the amount ordered to be paid to you. Detail(s) showing complete construction details of the retaining wall. Paying in full and go to court is not a good resolution to this situation. 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. 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). I want to replace our fence and sent multiple notices to our neighbor south of us. 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. State they didnt have insurance policies he wanted. The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. We need to have some stucco repair to the side of our house in that area and would like to be able to get in there periodically to weed, etc. I dont want to get taken to court over this, but my other concern is I am struggling as is, and can no way afford to give our neighbors $3,000 for a fence. This neighbor is neither very smart or kind, and I just want to be prepared for when he goes apoplectic once a fence is installed, as well as collecting half $$ once he decides to modify what will then be his side. that would force him to install another 3 foot rod iron fence on his property. text messages, etc.) As you might imagine, this is a fairly unusual scenario. (on their property) We were never asked to pay for any of it. ( Remember, we were never approached about this at all. Today I go into my yard to find our shared fence down! You need to tell him he is harrasing you and you will not stand for it. Maximum spacing between piles is shown. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. I disagree with you fully due to one small issue, what other way can you go about the situation should your fence need to be replaced immediately and your neighbor refuses to pay. I stated I was not the owner at the time, but I was willing to pay half. Im confident if I contracted any work on the wall he would not allow workers on his property. So he got one estimate and paid the company and then demanded I pay half. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. In relation to dividing fences, the Department of Housing and Works has produced an excellent booklet - "Dividing Fences", which can be freely downloaded at www.dhw.wa.gov.au. I am a single mother, this is my 1st home and I just cant afford $3500. The other 400ft i f that line of fence is livestock open space fencing. When I first moved in, he wanted to replace the current side yard fence, he played friendly for a bit, and so we split the cost 50/50. I am a little confused as to your question. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. 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. First off, the biggest one is if everything you say is correct, there was not a valid reason to replace the fence in the first place. Simple as that. Never gave us the opportunity to make a selection that matched our existing fence. He has planted shrubs and now most of the water for those shrubs in between our shared fence and his retaining wall is over saturating my soil, the fence post and baseboards. If they dont listen, then you can inform them you are monitoring and documenting the issue and when the time comes to replace the fence you will not be paying 50% of the costs due to their actions causing the premature failure. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. From boundary line disputes, to one of the more common issues, which is the neighbor(s) outright refusal to help pay for the cost of a new fence, maintenance or repairs. Only one of them communicated this to us. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? This type of question has not been answered since the fence had NOT fallen over and was being maintained but was just not as pretty or strong as when new and so was replaced. As long as you have some proof of everything your telling me (i.e. The fence is attached on two sides to my neighbors existing fence. He should have sent the notice to you 30 days prior to the construction of the fence and should have sent it to you certified mail with the return receipt requested. in the table. During these early years, most of the neighborhood had children. While these panels may look nice on the store shelves, they are made from inferior wood products and generally all the lumber is dimensionally smaller. I toll my husband to get if fix with out any response from him. Am I correct? I wish they would have just talked to us about going in 50/50 on a new fence. Theres an easement/driveway between my backyard and my neighbors front yard. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Of course, like many laws there are exceptions. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. I had the fence erected entirely on my property. In New South Wales, it is illegal to construct a retaining wall over 600mm high from the ground. Labor costs for . walls and retaining walls supporting more than 6 feet (1.83 m) of backfill height due to design earthquake ground motions Due to the variability in soil properties throughout the County of Los Angeles, the design professional must take care in his or her analysis of basement and site retaining walls. All the Best. 200 from either boundary. The owner of the property that the retaining wall is located on is responsible for the retaining wall. There has never previously had a boundary fence. Retaining-Wall-Design-Guidelines_V1-1_Covers.indd lmf C M Y K CLIeNT bLeeD AD PIC INFO engGeobC th WRITe R PROD DOCKeT LIVe PR FONTS . The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. It is a common misconception by builders, designers, landscape contractors, pool contractors and homeowners that this section of the UBC allows retaining walls of up to 4 feet in exposed wall height to be constructed without a permit, regardless of the back slope conditions. Another goal of this note is to provide policy recommendations for the future development of tree law in California. 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. A building permit can usually be issued over the counter when two copies of the following are provided along with a completed permit application: Segmental gravity retaining walls such as Keystone, Allan Block, etc. I Said they should of waited till the house was under my name and I would of helped out. The good news, you have absolutely nothing to worry about. what if my dog runs off? Neighbor has constantly harassers me constantly if he sees something touching his fence. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. 2) If a retaining wall is attached to a building or if a building foundation is directly dependent upon the location and design of the retaining wall it is to be included in the building permit for the construction of the building. You need to stand your ground, tell him you will not be paying for any of the costs of the wall, or anything else for that matter. Never consulted us. level backfill only). 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. Were going through a similar situation. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? I asked a contractor how much to tear down my older wooden fence. For segmental gravity retaining walls, the detail(s) must clearly identify the block manufacturer; block type, drainage requirements, and maximum wall height. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. A retaining wall supports the land and is designed from bricks, timber, masonry, concrete bags, or suitable material. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. Its an aesthetic preference that she wants a brand new fence. He then ghosted me, my mother. 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. A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. Good Luck! The technique has been used to provide support for many excavations or simply a garden wall. 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! You bring up replacement due to aesthetics and upgrading a fence? At the very least they are very cheap, which would mean an inferior crappy fence that isnt going to last as long as it should! Surcharge is a vertical load imposed on the retained soil that may impose a lateral force in addition to the lateral earth pressure of the retained soil. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. While I understand the question is a general legal question and the contractor area of expertise does not matter, I would still feel more comfortable directing you to a knowledgeable attorney in your area! I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. We deal solely with fences and decks and not siding, etc. Two questions: 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 they refuse to pay for half the costs, then Yes you can still take them to small claims court. However, he wants all the planks on his side while the 2x4s are in my side. It is not something that NEEDS to be done. I talked to the contractors and they felt bad no notice was given. Hi RC fencing! We want to remove the fence on our land, so we can access 100% of our land from our entry gate. The fence is over 25 years old and the entire fence could stand to be replaced. Notice of Intent to Alter Shared Boundary Fence. I kind of felt backed into a corner and found myself becoming a bit defensive to where I dont even wanna deal with this representative for the rental company. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. I understood and said whatever wood you do your fence we can get. Usually in small claims if it is under the max amount in your state (usually around 10-15k). The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. Jim, thank you for the great question. Yet, I am going to have to disagree with you that this is not a good resolution solely for the fact that there are no other options. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . 2016 Family Owned and Operated Get a FREE Estimate! The fence has deteriorated and a section has fallen over. Whos responsible? Although I know this is now besides the point, I would actually always recommend a custom built fence to the prefabricated fence panels they carry at big box stores. If you are not completely set and getting a vinyl fence then obviously your option would be to build a new wooden fence of similar quality to your previous one and require the neighbor to pay half the cost which would probably be your best bet in this situation. First off, please whatever you do, do not pay this man a dime. 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)? The law places responsibility on both parties because both benefit from the fence. Pics and docs of the current properties fencing It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? Does this remove us from mutual benefit responsibilities and paying half of the replacement? 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! The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? Here is the Actual Law for those of you who like reading this sort of stuff CIVIL CODE Section 841, And for those of you who would rather read a laymans description of the California Good Neighbor Fence Law, here goes. Even more important than that is I believe many contractors would not want to get involved with something such as this due to another company building part of a fence they built, so if there are problems down the road, all of a sudden they might take the blame for another companies poor workmanship. 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. I contracted with a contractor to do the job this month and let the brother know 2 months ago I did this because he never responded with a quote and I can finance the fence with the contractor and the homeowner is not responding. 8 years ago I was worried that my dog would get injured by the new neighbors aggressive bulldog so I suggested we put up a new fence, he said sure as long as I replaced with heavy duty commercial chain link with slats (original is a leaning 42 yr old commercial chain link with broken and missing wood slats). It benefits the homeowners as they now have a legal route to take to replace their fences, which obviously is exactly the reason the law was created! I wasnt even the owner when he decided to build the block fence. Is it his right to put the framed side facing us? If he continues to do so anyway, call the cops. I mentioned it to my neighbor and he does not see anything wrong with the two fences. -Was the retaining wall initially required because the lower neighbor graded their property and therefore it was their responsibility to provide support to the uphill neighbor whose natural support they cut away during the grading and leveling of the property. The panel sits at about 8-9 ft off the ground. 1.3.2 Retaining Walls 2 1.4 SCOPE OF THE GUIDELINES 5 1.4.1 Retaining Walls Covered In These Guidelines 5 1.4.2 Retaining Walls Not Covered In These Guidelines 6 1.5 APPLICABILITY OF THE GUIDELINES 6 1.6 ACKNOWLEDGEMENTS 6 2.0 ROLES AND RESPONSIBILITIES 7 2.1 COMMON FORMS OF PROJECT ORGANIZATION 7 2.2 RESPONSIBILITIES 7 2.2.1 Owner 7 If he asks, and you dont want to pay for any of the fence I would just repeat what I have said here, and that should be the end of it! I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. I have a neighbor that replaced my fence on one side. Period. But did not want to go through our contractors. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. Certified letter of intent 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. Thank you Jason, I appreciate the advice! 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. I just feel like Im trying to be very diplomatic about this but if the neighbor shoots me down or ignores me again my only thought process is to get a surveyor out here and give me the exact property line. Yes, that is correct. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. I sent the neighbors a demand letter as they would not answer the door to us for several months of trying (nearly a dozen times). Thanks! To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. Never allowed us to consider disparate bids. I suggest that you not continue the repair until it is determined who is responsible. Im just wondering if the wording of the invoice would create any sort of legal rights to the neighbor; if so, should I have the contractor change the wording? The spiders build their webs on the 2x4s and birds perch on the 2x4s. Do they have the right to force us to sign their agreement to allowour work to start? (Personally, I think we paid for the whole fence for him.) Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? This is if you dont take the proper steps leading up to the construction of the fence. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. Some years back, with consent from the prior owner of the neighboring house, my husband paid for and built a fence in our FRONT yard between our driveway and neighbors side yard for growing plants on (decorative). The other option is to get a man you know that is bigger and meaner than him, maybe a brother, friend, cousin, to go confront him and tell him he needs to leave you alone or they will be coming back to pay him another visit. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. Can my neighbor legally stop me from replacing the fence until we do a survey? My neighboring fence completely collapsed during a storm. Also, I think you lucked out not having your neighbor or his family members build the fence themselves, they sound like a bunch of flakes. I live downhill from a neighboring house which was built after my house. She has to get three separate estimates and then you two can agree as to which company to go with. He then re does his 3 sides but not our shared said nor buy material for it or even ask us to go half for the cheaper material. 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! This is the height referred to in UBC 106.2, item 5 and it includes the wall and depth of footing below grade. upper soil grade). I do not think this qualifies for a Good neighbor fence. As I just stated I would be very hesitant to allow her to build the fence for two reasons. If the project requires consultation with a structural engineer, hourly charges range from $100 to $200 per hour. This definition also applies to freestanding pool walls. Eventually, we could no longer see the fence from our side. Therefore it seems to me she is trying to rip you off! You might want to contact legal counsel to review this matter. As long as you have proof that your neighbors shed caused all the damage due to being improperly anchored down, then I would not accept any responsibility and pay a dime to make the repairs, instead demand he do so! Most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise. Wood retaining walls (with or without a fence) with an exposed wall height of two feet or less, where the retained soil does not support a surcharge (i.e. again please do not pay him a dime. Personally I dont think they look as close to real wood as they need to. I am sorry I am reading this over and I think I understand your question. If it comes down to it you might need to get a restraining order against him. I still cant see this fence from my property. I noticed this when it was almost done. I have a fence that is in need of replacement. I have a shared fence with my neighbor and we plan to share the cost of a new fence equally since it collapsed with strong winds a few months ago.