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. My neighboring fence completely collapsed during a storm. A week later, I came home to find a for sale sign in his lawn. : 2022121 california civil code 841 retaining wall 2022121 california civil code 841 retaining wall However, you can be right and still have to pay for the whole 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! They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. The fence falls after he rent it out to another family who as well as me has 3 large dogs. 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. His tenant dog Kill my dog. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. If you cant abide by the rules that make the neighborhood clean and what probably attracted you to purchase in the first place, buy elsewhere! 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. Our neighbor wants to replace the fence with vinyl fence. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! Call us for a free consultation They said that they would give us permission when we asked, to enter their backyard by their stairs on the other side of their house, which would then involve us or workers to have to cross their whole backyard, which is an artificial grass putting green! In the broadest terms a wall on the property line might be shared. If you are looking for a contractor in the San Francisco bay area to construct your retaining wall, be sure to contact Montclair Construction. 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. 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). Michael, thanks for the question. Now the neighbor wants the planks that my husband nailed to be removed. 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. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? My husband nailed planks on the fence to cover the 2x4s. During these early years, most of the neighborhood had children. If it is a party wall both parties are equally responsible for the repair. It is entirely visible on their side. Property Line and Fence Laws in California - FindLaw I don't agree with Mr. Olden. What i am doing after reading your sites info: Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. The wall is leaning significantly toward my property and I am afraid it could fall. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. We didnt do anything about it, as we didnt want to cause problems in our first year here. Make a demand to the neighbor for half of the costs. I reported to my insurance and they paid for half the replacement cost. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. Thanks for any input. 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. A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. They put up white posts and rails, tan slats. 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. } Yes, that is correct. We sent the insurance coverage, licenses. To keep the peace, we planted shrubs that created a barrier between our lawn and THEIR fence, so nobody can get to their fence from our side. 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? 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. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. 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. against one of my trees. Soldier piles retains soil, using vertical steel piles or wooden posts with horizontal lagging. 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! Both property owners own the fence erected between the property lines when both use it. The fence boards (good side) all face our property, the framing is all on their side. 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. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? What options do I have? My neighbors want the fence between our houses done. If you dont agree to her doing the job, which I would be very wary of and personally would never allow, then she has no choice but to pay for it all herself or you guys use a different contractor. There is a brick wall between me and my neighbor. Nolo.com. I appreciate your advice. Engineering Professional(s) Professional engineers and licensees who are registered or licensed by the . The existing fence isnt bad at all. Therefore the law states that this fence is not benefitting your neighbor. Retaining walls can sometimes be complicated and your friend should likely speak with an attorney to be sure of all details. Maximum spacing between piles is shown. The term good neighbor just refers to the style of the fence. My fence completely encloses my back garden and is a corner lot. You can also let them know that their best bet at recouping some of the money would be to go after the previous owner of the house. Fine. There were no fences and the neighborhood kids played freely in the yards from house to house. Some homeowners don't like enlisting the help of professionals when building at home, but this isn't the time for that. 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. Am I still responsible for half? Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. From the way you have explained it, I would predict you are not going to be responsible whatsoever. They asked permission and we acquiesced but chose not to participate in the fencing. Should you have any questions, please stop by the public counter of the Building permit section of the City Hall. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. Lastly, the neighbor failed to serve the notice to you. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. Neither of these block types is recommended when the retaining wall is supporting a sloping backfill, any other surcharge or a solid fence. The panel sits at about 8-9 ft off the ground. 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. margin-left: 0; In New South Wales, it is illegal to construct a retaining wall over 600mm high from the ground. Please let us know what better route there is to take, I am sure all our readers as well as I would love to hear all the other options out there! I told him that this was not my fence, and explained the history. Engineering calculations and associated data; Soils report (if applicable) For detailed plot plan requirements see Building Permit Requirements. Another goal of this note is to provide policy recommendations for the future development of tree law in California. Never consulted us. As long as you have some proof of everything your telling me (i.e. He has the responsibility to pay for half of a fence between yards. In this scenario, would the State law trump the city? The property line shows that the easement belongs to my neighbors parcel. Any advice on how to proceed or deal with this overbearing representative? I built my house many years ago. 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. neighbors. For example, if the lower wall is three-feet . ( Remember, we were never approached about this at all. border: 2px solid #cfcfcf; Therefore you will need to pay 100% of the costs of replacement! 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! The wall was apparently put up to create a level lot downhill from my property so another house could be built. The allowable height of walls is stipulated in the Zoning Code. this information even though informative it only benefit the contractor. Those people moved out and a new family moved in. 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. As I just stated I would be very hesitant to allow her to build the fence for two reasons. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. The spiders build their webs on the 2x4s and birds perch on the 2x4s. Hi we live in a resort area and our neighbor who does not live full time at his home, wants a fence between our yards to keep his dog in, privacy, etc. Legal Question in Real Estate Law in California Who is responsible for a Retaining Wall? If so, can I put up planks on my side, once its built? Putting up walls can be a good thing. PDF Plann Frequently Asked Questions about: Retaining Walls - Abbotsford 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, the biggest one is if everything you say is correct, there was not a valid reason to replace the fence in the first place. Can she insist on a new fence and I have to pay for half? If replacement is needed because of improperly planted bamboo and neglected maintenance of plants causing encroached on our property line and has warped and beoke pickets, posts and rails, is cost still split? No, this will not cause any issues whatsoever. #gallery-1 img { Are we under any legal obligation to pay him a penny? They have their vinyl fence and we have our wooden fence (though not economically sound). 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. 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. Repair vs Replacedue to preference or aesthetic. I Said they should of waited till the house was under my name and I would of helped out. 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. 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. There are three main definitions: Occupancy: use of the land up to the fence a picture frame fence since it looks the same from both sides, or when a basic nail-up fence is built with alternating panels, hence both neighbors get equal shares of the bad and good sides. upper soil grade). retaining wall: [noun] a wall that is built to keep the land behind it from sliding. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. level backfill only) and the wall does not support a solid fence. I talked to the contractors and they felt bad no notice was given. That neighbor has since moved and a new owner bought the house as a rental property. 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. #gallery-1 { He said he will take me to small claims if I do not pay him. Shouldnt they have to replace the fence since they removed it? Best to have a survey done. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. Two questions: At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. I am a little confused as to your question. 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. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. I had the fence erected entirely on my property. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? 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. If the project requires consultation with a structural engineer, hourly charges range from $100 to $200 per hour. keeping dogs/ children, etc. Your situation is one I have not directly encountered yet, so I will give you my best educated answer, yet please check with a lawyer to be 100% positive. 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. I sent a link to a fence I had received an estimate on: This fence was panels with lattice on top from Lowes to replace the falling down fence that was not panels but simply boards but would match the rest of the shared fence. All the Best. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. Everything you need to know about the California Good Neighbor Fence Law! Any thoughts not input would be greatly appreciated. Please let everyone know if you have any ideas as to another route to take. The rest of the fence between our backyards is fine. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. What recourse do I have? This definition also applies to freestanding pool walls. I dont know why she says that. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. #gallery-1 .gallery-item { Then once the fence is finished you can go after him for half the costs minus any extra work that was solely for your benefit (the gate). My partner and I ran across this different website and decided to take a look around. I was advised by the HOA board about Cal. He offered to remove our old wooden fence for $600.00. The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. Retaining Walls Los Angeles | LA Structural He would have had to get at least 3 bids from reputable companies and presented all these to you. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? Fence it up and intact. I wasnt even the owner when he decided to build the block fence. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. My last correspondence by text with the homeower who lives out of the area is if you want it done now you can do that and pay for it all yourself. 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. 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. There is a large high substantial retaining wall holding back higher ground in the ownership of our client which is in poor condition. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. No work until 30days after certified letter. Good luck! Essentially, neighbors are required to refrain from doing anything to their land that undermines a neighbor's land; or if they do, they're required to shore it up properly at their own expense. Do owners of homes with pools fall under a different set of rules. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. (I believe youve already tried this approach and it failed?). Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. Remember he 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. 30 years ago, the original owner of this neighboring house decided to build a 2-to-4 foot retaining wall (30-feet long) at his cost without consulting with me. It is not something that NEEDS to be done. I know personally, I would never get involved with such a situation! What can I do Im being harassed. PDF DESIGN OF RETAINING WALLS - Los Angeles County, California It sounds like you own a condo and that it might be a party wall. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? Pr nC-sesooi AgGrnoeDv-2Wdl -d i enuf# R-sngei l i eti aal - egbc.ca 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. There better be good reasons other than make my yard look better. You might want to contact legal counsel to review this matter. Sager v. O'Connell :: :: California Court of Appeal Decisions I am willing to fix it but she wants a new fence. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. Would we lose in small claims court? Especially since they are quite a bit more expensive and in theory will last a lifetime. It seems irresponsible to not include other information that might leave you stuck with the bill. lower soil grade) to the finish grade at the top of the wall (i.e. Cantilever or segmental gravity retaining walls with an exposed wall height of three feet or less, where the retained soil does not support a surcharge (i.e. One neighbor is not financially able to split the cost but said he would try and chip in what he could. Your Responsibility As A Homeowner: Maintaining Retaining Walls If she fails to respond, you will then go ahead with the construction (just make sure and inform her the days they will be replacing the fence in case she has dogs, etc.) As far as the charging you for cleaning costs, etc. In order to do so, he has to place a retaining wall to hold the dirt in place. Secondly, I wouldnt pay them a dime if I were you. 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.
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