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. 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. Subscribe to our mailing list to get news and discounts. Our properties backup to a small slope. Labor to build a retaining wall costs from $50 to $75 per hour. The law places responsibility on both parties because both benefit from the fence. If he continues to do so anyway, call the cops. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. There is a brick wall between me and my neighbor. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. This is due to your neighbor not following the required steps. He does not live in the area. The Keystone Legacy Block (6 high x 16 wide x 10 deep) product is limited to 3 feet in height or six blocks in height total. Your neighbor is on the hook for half of the new fence. The last thing you want is to be fined by city inspectors because you were found to be in violation of building codes. What recourse do I have? Also, I dont agree that this information only benefits the contractor, IT DOES NOT! 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. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! Retaining Wall Permit | County of San Mateo, CA The allowable height of walls is stipulated in the Zoning Code. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. 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. 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. The other 400ft i f that line of fence is livestock open space fencing. They have refused, saying that that dont want us to have free access to their property-we would literally only have to take 4-5 steps on their property to get to our our property under the stairs. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. Also if you file a small claims suit you can go after him for all your time you spent going after him for the money like the time it took you to go to the courthouse, etc. I am on disability and cannot afford to even split the cost really. 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! what if my dog runs off? Compare. All other retaining wall conditions such as taller walls, tiered walls, and/or walls supporting sloping backfill (or other surcharges) will generally require a building permit. I want to replace our fence and sent multiple notices to our neighbor south of us. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Fight it until the very end! I have owned my house since it was built, in the early 70s. Never allowed us to consider disparate bids. 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. If so, can I put up planks on my side, once its built? It is not something that NEEDS to be done. Seismic Earth Pressure . 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. Our left siding wall base are dropped to the two neighbors very end of their backyard. Who is responsible for a Retaining Wall? | Legal Advice - LawGuru Can she insist on a new fence and I have to pay for half? My neighboring fence completely collapsed during a storm. Deferred approvals will not be permitted. He offered to remove our old wooden fence for $600.00. Is this situation an exception? Good Luck! Now in your case it seems that although it was a custom built fence and not prefabricated panels, it was very poorly built and looks terrible? 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. Next door landlord(just purchased the land) approach me daughter of owner of the house & ask to sloppy cost on shared fence that was very water damaged. In other words, it is no longer capable of serving its intended purpose, i.e. 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. But over the years, their sprinklers, trees planted too close and their own children caused the fence to be constantly in a state of disrepair. Who is responsible for a retaining wall? | Practical Law A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. 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. 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. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. Please let everyone know if you have any ideas as to another route to take. } 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. Nolo.com. This, as many people know, can be a whole other issue, and information on the collection can be found on your local county court self-help website. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. We cant afford the cost for the fence that he wants($14k). 9. level backfill only) and the wall does not support a solid fence. 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. Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. The fence has deteriorated and a section has fallen over. 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 am not certain if I have any legal obligation to do anything here. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. 1. Only one of them communicated this to us. I stated I was not the owner at the time, but I was willing to pay half. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . I live on a hill and a fence that is about 30 years old exists between my neighbor and me. Yet, if the yards were already fenced in previously, and if you have other fences connecting to the one in question, you are more than likely going to get a judgment against you for half the cost. This means he has direct line of sight into my entire front yard, and we can walk into each others side yards if feeling entitled. If you are looking for a contractor in the San Francisco bay area to construct your retaining wall, be sure to contact Montclair Construction. 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. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? This is if you dont take the proper steps leading up to the construction of the fence. 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! 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. He asked us to help pay for the leaning retaining wall between our properties. Yes, that is correct. -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? You do not absolutely share the cost of the fence. They asked permission and we acquiesced but chose not to participate in the fencing. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. Also during the raining season, we need to do the roof and siding work asap before the raining season. I have video documentation of the damage . If there was and the fence is being replaced you would ONLY HAVE TO PAY for the sections that run along your property line and absolutely nothing else. Start out by documenting the current condition of the fence. Gerald Hershenson Esq. Every property on the North side has the planks and the on Southern fence you have the 2x4s. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. He agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. 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. Schedule one of the fence contractors, most likely youll want to choose RC Fences and Decks, due to their superb attention to detail along with their reasonable prices, but keep all of the bids so you can show that the price was reasonable. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). Thanks for any time you spend reading about my situation. Anyway, can they sue me for 1/2 the cost of this ? All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. 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. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. Do owners of homes with pools fall under a different set of rules. One side of my fence is 630ft of that side 220ft of the fence are a neighbors backyard privacy fence that the builder put in. Hes going forward with it and we will get the framed side. What was the outcome regarding the neighbors trees/vegetation ruining your fence? He then ghosted me, my mother. My neighbor agreed to pay half the cost of putting in a new fence. Re: Retaining wall law. 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. We didnt do anything about it, as we didnt want to cause problems in our first year here. Secondly, is the fact that she is stating the material are the same costs as the labor; that would be a huge red flag for me. Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. Home About Us Everything you need to know about the California Good Neighbor Fence Law! 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. Retaining Wall Code for California for Oakland and San Francisco Our situation is different then all the comments I have read. Examples of surcharges are: First off, they cannot tell you not to touch the fence at all, the fence as long as it is on the property line is both your neighbor and your property and therefore you have just as much right to it as they do, whether or not they paid for it. As long as you have some proof of everything your telling me (i.e. The neighbor has a large tree that pushed against the fence along with an old mattress behind their shed that did not help with the fence integrity. 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 I am very sorry to hear about your situation. 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. We saved all receipts from the hardware store. That could mean you document the bad shape of the fence and just build it exactly on the property line, while leaving the bad fence on his property, and then send him a bill for half. I have offered to help with the labor and split the cost 50/50. I text him to have proof and he calls me to answer do I have no write that he agree to go half. Fence it up and intact. The lagging effectively resists the load of the retained soil and transfers it to the piles. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. We have both got estimates that are similar in price. The common law and statute doesn't allow a downhill property from removing lateral support without replacing it. 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. level backfill only). Your Responsibility As A Homeowner: Maintaining Retaining Walls The fence needs to replace much of it because of the poor maintenance on my neighbors side. The whole development had to hire their own landscapers to do their front yards. Labor costs for . My gate is set back from the street more than my neighbors. So, like many, I have a real A-hole neighbor! Do we still split it in half? They claim they sent us a letter with some sort of ultimatum, but we never received any letter. 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. They would then have the law on their side and if they went through the proper steps outlined above, most likely would win a judgment against you. A civil or structural engineer should design any walls that rise more than 1 m high. He was not able to remove our fence othe next day, but was able, last minute to come three days later when we were out of town for the day. The main one being, that they dont benefit from the erection of said fence. The fence does not enclose their front yard but is still a neighboring fence. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. My neighbors want the fence between our houses done. He would have had to get at least 3 bids from reputable companies and presented all these to you. They had a 5 day notice from time of the written letter to the fence being repaired. The neighbors called and threatened to sue us. retaining wall: [noun] a wall that is built to keep the land behind it from sliding. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. There is no splitting costs here as there is not shared structure. The existing fence isnt bad at all. We like the open space and look. Sloping retained soil California's Good Neighbor Fence Law RC Fences and Decks Dispute arising between neighbors over boundary fence? In order for the walls to be treated as separate retaining walls, a general rule of thumb is that the tiered walls be horizontally offset by a minimum distance of two times the exposed wall height of the lower wall. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. It seems we can not agree. I told him I would also throw my neighbor a bone. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. Neighbor has constantly harassers me constantly if he sees something touching his fence. The fence its in a really bad condition. He has not responded to my texts since May as to when he will replace the fence. A week later, I came home to find a for sale sign in his lawn. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. You bring up replacement due to aesthetics and upgrading a fence? It is very good you havent paid anything for it yet. 215-579-9390. 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. So Im in very different situation from any Ive read. Part of the fence is now leaning into the neighbors property. He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. Reduce to suit the length of footing. We just accepted that it was their fence, since we didnt approve it to be on the property line or attached to the main sideyard fence, and we were forbidden to touch it. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? Thank you for your article. (on their property) We were never asked to pay for any of it. As you might imagine, this is a fairly unusual scenario. I understood and said whatever wood you do your fence we can get. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. Without Thank you! Every state interprets use differently. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. What options do I have? Pr nC-sesooi AgGrnoeDv-2Wdl -d i enuf# R-sngei l i eti aal - egbc.ca Theres an easement/driveway between my backyard and my neighbors front yard. Wed be up for taking down the existing fence down and adding new planks to our side of the new fence but arent sure about it since its 4 inches away from the original fence. Bonde v. Bishop, 245 P.2d 617, 621 (Cal. This was attached to the existing sideyard fence that was part of the developments construction. During these early years, most of the neighborhood had children. who takes overall responsibility for all aspects of the design and field reviews for the Retaining Wall. Some homeowners don't like enlisting the help of professionals when building at home, but this isn't the time for that. His tenant dog Kill my dog. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. It clashed with the style of our house. Since the water is now drawing towards my side of the property. 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. Our neighbor just built a fence on the property line without any discussion with us that separates our 2 lower side yards, so we now have no access to the area under our side stairs. Sheets of steel are driven pneumatically in to soft soil in the tight access or flood zones to create an area of excavation, Its Usually deigned by a Structural Engineers, some times including tie backs. Neighbor wants to replace fallen fence due to construction on his property. requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. Make a demand to the neighbor for half of the costs. I told him that this was not my fence, and explained the history. But calling the cops on me for a one time incident has changed my care free attitude. However, he wants all the planks on his side while the 2x4s are in my side. Sager v. O'Connell :: :: California Court of Appeal Decisions margin-left: 0; The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. Despite this, many neighbors will downright refuse to pay a penny towards the costs. All dogs get out. 200 from either boundary. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! upper soil grade). You can require or exclude terms using + and -: big +blue drop will require a match on blue while big blue -drop will exclude results that contain drop. 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 . When building a tiered set of retaining walls, position the higher wall behind the lower wall at twice the distance as the height of the lower wall. 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. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. The fence is solely your responsibility. Then it will be for a judge to decide the matter! Does it? Usually in small claims if it is under the max amount in your state (usually around 10-15k). 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. this information even though informative it only benefit the contractor. This has been on going for 3 years. Pics and docs of the current properties fencing I hope this answers your question somewhat good luck with your neighbor! The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. Contractors and homeowners are usually more aware of the vertical offset between the upper and lower grade elevations that will be required for the retaining wall. Good luck! I do not think this qualifies for a Good neighbor fence. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. Am I still responsible for half? Will we need to pay? Neighbor Disputes Over Water Damage | Nolo The law becomes a little unclear in instances such as yours but the major factor which is going to decide who is legally responsible is whether or not you have a fence around any part of your yard that is connected to this fence that he wants you to pay half of to replace? On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. We want to remove the fence on our land, so we can access 100% of our land from our entry gate. There are three main definitions: Occupancy: use of the land up to the fence Personally I dont think they look as close to real wood as they need to. I know this is not exactly fair and therefore a situation like this is best handled by sitting down with your neighbor and trying to have a mature constructive conversation. : 2022121 california civil code 841 retaining wall 2022121 california civil code 841 retaining wall The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. If this sounds similar to your situation then I believe our article can be very helpful. Lastly, the neighbor failed to serve the notice to you. 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! 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! T 604-864-5510 E planning-info@abbotsford.ca Building Permits & Licences 1st Floor, 32315 South Fraser Way, Abbotsford, BC T 604-864-5525 E building-info@abbotsford.ca . You need professionals to come up with a solid design for the retaining wall and you need them to execute it. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. Whether the climate is wet or dry, the walls must support the earth. Structural Calculations wet stamped and signed by a California registered civil or structural engineer (or standardized engineering calculations and ICBO Evaluation Report for applicable segmental gravity retaining walls). Is it his right to put the framed side facing us? Seemed fair. As far as the charging you for cleaning costs, etc. Having said this I can see where he is coming from, many people are still on the fence as to whether they like the look of vinyl fence yet. The property line shows that the easement belongs to my neighbors parcel. 30 kip for strength limit states. 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. Therefore it seems to me she is trying to rip you off! margin: auto; Good luck! Remember he Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. I am currently dealing with a neighbor that is refusing to fix our shared fence. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. 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. As an example, two tiered retaining walls each with an exposed wall height of 3 feet, and level back fill that are horizontally offset by a distance of 2 feet would be treated as a single 6 foot tall wall and as a result, a building permit would be required. that would force him to install another 3 foot rod iron fence on his property. Therefore the law states that this fence is not benefitting your neighbor. Detail(s) are to be wet stamped and signed by a California registered civil or structural engineer. Who's legal responsibility is the retaining wall?(Los Angeles, CA) - Reddit She insists I pay half of the new fence. (I believe youve already tried this approach and it failed?). 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. Fast forward 30 days the fencing contractor pushes us out to May. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above.
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