I dont know why she says that. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. I stated I was not the owner at the time, but I was willing to pay half. I have been a general contractor for nearly 20 years, a carpenter longer than this and a construction law attorney for over 10 years and I can recall the uphill neighbor being responsible for a retaining wall on only rare occasions. The term good neighbor just refers to the style of the fence. I am sorry I am reading this over and I think I understand your question. I have a fence that is in need of replacement. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. There is a fence that runs right through our parcel it is aprox. It gets a little complicated when it comes to retaining walls. If one party refuses to cooperate, the other party can do any of the following: The definition regarding Join for Use is likely going to be a major factor in deciding who is legally responsible to pay. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. Good luck! The fence does not enclose their front yard but is still a neighboring fence. 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. 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. They have the planks on their side and our side has the 2x4s. I paid for the whole thing and did not ask the neighbor for any help or money. He did. Re: Retaining wall law. Not your property, not your fence. The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. I still cant see this fence from my property. The fence has deteriorated and a section has fallen over. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. It is not something that NEEDS to be done. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? What if the adjacent property is an apartment complex? I had contacted my neighbor twice that we need to get the fence fix. this information even though informative it only benefit the contractor. The fence is solely your responsibility. Is this situation an exception? In order to do so, he has to place a retaining wall to hold the dirt in place. What was the outcome regarding the neighbors trees/vegetation ruining your fence? I wish I could help you, if you live around the Concord, CA. I would then try once more to collect half the costs from your neighbor (although you dont have to do this) and if she continues to refuse you will proceed with filing the lawsuit. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). If you have a retaining wall or are planning to build one, it is important to ensure the structural integrity of the wall. What recourse do I have? They did not inform us and did ask for us to help pay for the fence. #gallery-1 .gallery-item { It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . My neighbor fence between the driveways in California needs to be replaced from wind damage last December. 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. There is a large high substantial retaining wall holding back higher ground in the ownership of our client which is in poor condition. However they want to put a new retaining concrete wall and then put the fence on top. Bonde v. Bishop, 245 P.2d 617, 621 (Cal. Are we under any legal obligation to pay him a penny? First point I made was that dont want a wooden fence due to the upkeep of it. upper soil grade). I am willing to fix it but she wants a new fence. Maximum spacing between piles is shown. 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. 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. Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. This definition also applies to freestanding pool walls. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. However, the fence installed has a deep setback, meaning half our lots side yard has new fencing, and the other half has no fencing at all (dont think it ever did). Call us for a free consultation Another goal of this note is to provide policy recommendations for the future development of tree law in California. Join for use: the attachment of another fence to the boundary fence I had not notified him yet of the contractor doing the job as it just got scheduled. This applies only if the fence is currently directly on the dividing lot line. They want us to pay for 1/2 of the repair. The last thing you want is to be fined by city inspectors because you were found to be in violation of building codes. According to the law, you do have the responsibility to pay for half of a shared fence. Since the water is now drawing towards my side of the property. Good Luck! Now Im waiting for a response but Ive already put down a deposit and the contractor seems like a good guy so Im not completely worried that I cant get my money back. float: left; Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! Once your neighbor sees that you are suing him for considerably more than half the cost of the fence that you initially requested he will likely want to pay you the initial amount immediately. Do I have to pay for this to be fixed? A new fence is going up tomorrow. 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. 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. But, our neighbor says that vinyl fence is the cheapest. Usually in small claims if it is under the max amount in your state (usually around 10-15k). Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? This is simply the exposed wall height and it is for this reason that the Planning, Inspections and Permitting Department interprets UBC 106.2, item 5 as follows: A building permit shall not be required for retaining walls that are not over 3 feet in exposed wall height unless supporting a surcharge . 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. 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. What i am doing after reading your sites info: 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. Never asked for financial help. 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. 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. text-align: center; Pile group reduction factors are not applied, 40 kip for extreme limit states. So Im in very different situation from any Ive read. Our property is the lower one and theirs is the higher one. Can I do half of the fence and they can do half of the fence? Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. My fence completely encloses my back garden and is a corner lot. If it comes down to it you might need to get a restraining order against him. Shirley Jean. That or they will have to take it to small claims court where you will then be able to plead your side and hopefully you have kept pictures, notes, correspondence between you and neighbor as all this will be very important to your court case. We also included a timeline of when we planned on repairing the fence ( that weekend ) and to contact us if there were concerns or wanted to further discuss the cost and/or actions of the repair (included name and number) .We did not give them a 30 day notice however as we have a dog and the fence was completely collapsed (are you suppose to wait 30 days in these situations? He came and did the job. 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). The spiders build their webs on the 2x4s and birds perch on the 2x4s. Am I correct? For example, Keystone limits their Garden Wall (4 high x 12 wide x 9 deep) product to 2 feet in height or six blocks in height total. #gallery-1 img { 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. We are buying land. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? Failure of your wall could lead to landslides or other unfortunate occurrences. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. Regardless of the permit requirements, it is important to follow the manufacturers recommendations for each block type since the allowable wall heights vary significantly for each block type. The main one being, that they dont benefit from the erection of said fence. Especially since they are quite a bit more expensive and in theory will last a lifetime. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? 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. Construction details, including retaining wall cross section. modular concrete units stacked in a running bond pattern without mortar or reinforcement. I know personally, I would never get involved with such a situation! Can I still take him to court. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. If he continues to do so anyway, call the cops. retaining wall: [noun] a wall that is built to keep the land behind it from sliding. 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. He offered to remove our old wooden fence for $600.00. upper soil grade). Putting up walls can be a good thing. For example, if the lower wall is three-feet . California's Good Neighbor Fence Law RC Fences and Decks Dispute arising between neighbors over boundary fence? I am currently dealing with a neighbor that is refusing to fix our shared fence. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. It refers to a fence that uses sandwich construction, i.e. Without If he still refuses now you will need to go down to the courthouse and file a small claims suit against your neighbor and pay the small fee. We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. 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. 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! 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. He was not nice when I went out to talk to him about it. I am not certain if I have any legal obligation to do anything here. 12. and municipalities are committed to developing vibrant urban forests. (Personally, I think we paid for the whole fence for him.) My neighbor replaced our old Good neighbor fence. what about security/privacy?) Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? Can she insist on a new fence and I have to pay for half? Shouldnt we have a right to easily access our own property? Thank you, Flooding, surface runoff, and even leaking sprinklers can spark disputes between neighbors. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? 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. No, this will not cause any issues whatsoever. Do owners of homes with pools fall under a different set of rules. Both property owners own the fence erected between the property lines when both use it. 2. The fence is over 25 years old and the entire fence could stand to be replaced. I have owned my house since it was built, in the early 70s. The good news, you have absolutely nothing to worry about. I live downhill from a neighboring house which was built after my house. Thank you for your comment/ queston! 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. If you are looking for a contractor in the San Francisco bay area to construct your retaining wall, be sure to contact Montclair Construction. Pics and docs of the current properties fencing My question involves real estate located in the State of: California. Im confident if I contracted any work on the wall he would not allow workers on his property. 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 informed him that I already have a contractor in place but he was insistent that I use who they subcontract through and ordered me not to proceed any further. (on their property) We were never asked to pay for any of it. If they bear the cost, its probably not my business; but if we share the cost, is it reasonable for me to ask my neighbor to remove the trees before repairing (or replacing) the fence? 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 . Anyway, can they sue me for 1/2 the cost of this ? Am I still responsible for half? sorry for the crappy neighbor, youd be surprised how common this really is! At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. Call a minimum of 3 fencing companies, such as. Fight it until the very end! When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. Lagging consisting of wood, steel or precast concrete panels is inserted behind the front pile flanges as the excavation proceeds. Only one of them communicated this to us. Civ. You are not responsible for any of the costs whatsoever and therefore you should not pay half much less the full costs, which I have no idea how this neighbor believes this to be fair. Call Now (925) 405-7658[email protected] RC Fences and Decks Est. I am a little confused as to your question. After I threaten to take him to a small claims court. The neighbor paying (if you are not splitting the cost) would have the right to insist that the good side be pointed towards his yard. We agreed. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. 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). Seems your neighbor would be reaping the rewards with no out of pocket costs for him. Also was there a fence there before that is falling apart. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? 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? Fast forward 30 days the fencing contractor pushes us out to May. He said he will take me to small claims if I do not pay him. It does not extend the full length of the front yard (only about 15 feet of 45 or so). 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. He said he could not pay half only $600. So, if you have a hillside property, then you are responsible for ensuring that the soil on the slope on your property is effectively restrained with retaining walls. Shouldnt they have to replace the fence since they removed it? She has to get three separate estimates and then you two can agree as to which company to go with. Retaining walls have to be designed and installed carefully because they shoulder a lot of weight. 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 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 saved all receipts from the hardware store. Cindy, I am sorry to inform you but your neighbor is correct in this situation. -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. They have their vinyl fence and we have our wooden fence (though not economically sound). level backfill only). All other retaining wall construction will require a separate Building Permit. Detail(s) showing complete construction details of the retaining wall. 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. 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.