Call us for a free consultation 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. No fences. Its an aesthetic preference that she wants a brand new fence. Home About Us 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. We deal solely with fences and decks and not siding, etc. Do you know? Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. I think she should pay half. As long as you took the proper steps in contacting the owner, getting multiple bids which you presented to him, and hopefully sent him a notice a month prior to starting the work of Intent to Alter Shared Boundry, than according to the CA Good Neighbor Law he is legally responsible to pay you half the costs. 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. I know personally, I would never get involved with such a situation! Are you trying to say the fence will be in the front yard and therefore is not necessary or does it extend from the backyard all the way through to the front. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. It was always referred to as their fence, and nobody else could touch it. Still proceed to have the fence repaired and then take her to small claims? Examples of surcharges are: The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. 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. I wish they would have just talked to us about going in 50/50 on a new fence. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. To further answer your question as to what constitutes a valid reason to replace the fence in the first place, the fence must absolutely be beyond repair and failing. It blocks NOTHING in only on their side, which is why they want it done. 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. I appreciate your advice. ( Remember, we were never approached about this at all. It seems irresponsible to not include other information that might leave you stuck with the bill. Well, I wish I could give you better advice but the matter is in your neighbors hands. What was the outcome regarding the neighbors trees/vegetation ruining your fence? They want us to pay for 1/2 of the repair. The neighbor and his fence company will then need to do what any reputable company would do and fix it to make sure both adjoining neighbors are 100% satisfied with the final fence. We do not want, or have a need for this new fence. What happens then? In order to do so, he has to place a retaining wall to hold the dirt in place. 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! To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. Were going through a similar situation. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. margin-top: 10px; whose property is the retaining wall actually retaining? 13. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. Fine. Hi Annie, thanks for the great question! I want to get this done the sooner the better and he has not giving me a response since December 2020. Hello, My neighbor installed a 6 foot rod iron fence with brick pillars which is about 3 to 4 inches on my property The fence is only about 15 feet long and was installed years ago. I appreciate your comment, but you must realize the majority of the time, these cases will be fought in small claims court by neighbors without much legal knowledge or without additional attorneys and the judge will likely follow the letter of the law. I noticed this when it was almost done. Subscribe to our mailing list to get news and discounts. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. There are three main definitions: Occupancy: use of the land up to the fence According to the law, you do have the responsibility to pay for half of a shared fence. requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. He said he will take me to small claims if I do not pay him. It is very good you havent paid anything for it yet. 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. Does this mean both neighbors are responsible for the cost of the retaining wall as well? Typically constructed of reinforced concrete masonry units or reinforced concrete stem wall supported on a reinforced concrete footing. My neighbor agreed to pay half the cost of putting in a new fence. Neighbor does not want half he wants full amount. Good luck! 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. 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. I have 2 concerns, would we need to pay for the sections that dont enclose our backyard? My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. I do not think this qualifies for a Good neighbor fence. Is it his right to put the framed side facing us? In short, the law says that the lower neighbor "owes" support to the upper/higher neighbor. Hope this fully answers your question, if you have any further questions please let us know. Where it is on the property line, they need to get your permission before building it, and should attempt to come to an agreement on the price. The term good neighbor just refers to the style of the fence. I dont know why she says that. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? 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. He said he could not pay half only $600. The fence has deteriorated and a section has fallen over. I had not notified him yet of the contractor doing the job as it just got scheduled. Our neighbor wants to replace the fence with vinyl fence. 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. 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. What if the adjacent property is an apartment complex? They said that would be a civil dispute amongst neighbors. The sides of our yard are 6 white vinyl. Gerald Hershenson Esq. Thanks for any time you spend reading about my situation. All other retaining wall construction will require a separate Building Permit. If this sounds similar to your situation then I believe our article can be very helpful. Retaining walls of 50 feet or more typically cost between $4,000 and $10,000. Retaining walls are a popular landscaping feature, especially for homes sitting on sloped or uneven land. They had a 5 day notice from time of the written letter to the fence being repaired. We are buying land. 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. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? But we do not like the look of vinyl fence. (510) 547-2457 Joel I wish I could be of more help but this is a question outside my area of knowledge. Neighbor has constantly harassers me constantly if he sees something touching his fence. 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. 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! 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. Still, we would have been happy to go 50/50 on a new fence but they did not inform us and did ask for us to help pay for a new fence. In this scenario, would the State law trump the city? 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. Most likely your neighbor did it purely for aesthetic reasons, and that is not a valid reason if he wished to be reimbursed for half the costs down the road. 215-579-9390. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. Can we keep the planks and not remove it? This was attached to the existing sideyard fence that was part of the developments construction. 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! Or can I break down the fence that only covers his backyard ( since his property line goes passed mine in the back yard) because if Im not getting paid for that extra 18-15ft can I re use the wood for a gate on my property. It clashed with the style of our house. I would definitely go ahead with the notice to alter shared boundary as soon as possible giving the neighbor as much time as possible before construction commences. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! Except on the front portion which is in my front yard. Bonde v. Bishop, 245 P.2d 617, 621 (Cal. #gallery-1 .gallery-item { or Contact us Here. It is not something that NEEDS to be done. 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. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. Can I still take him to court. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! 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 offered to help with the labor and split the cost 50/50. Neither of these block types is recommended when the retaining wall is supporting a sloping backfill, any other surcharge or a solid fence. The common law and statute doesn't allow a downhill property from removing lateral support without replacing it. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. 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. Practical Uses & Property Aesthetics There better be good reasons other than make my yard look better. Our situation is somewhat different then what I have yet read. 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. 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. Is there anything I can do to stop neighbors from bullying me? So, like many, I have a real A-hole neighbor! Also during the raining season, we need to do the roof and siding work asap before the raining season. I gave them 15 days to accomplish this and also gave my phone number. Both neighbors are 50% responsible according to the CA Good Neighbor Law. 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. Labor costs for . 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. That 32 of fence is behind a large hedge and is not even visible from my property. State they didnt have insurance policies he wanted. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. Simple as that. Fast forward 30 days the fencing contractor pushes us out to May. 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. As you might imagine, this is a fairly unusual scenario. in the table. 200 from either boundary. I have owned my house since it was built, in the early 70s. It does not enclose anything but does offer some privacy to us in our driveway and kitchen and to their front yard facing bedroom window. Structure footings supported by the retained soil 2. He was not nice when I went out to talk to him about it. As long as you have some proof of everything your telling me (i.e. Also, the fence was still in decent shape and we hadnt planned on replacing soon. The fence is over 25 years old and the entire fence could stand to be replaced. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. 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. Im 21 year old I have put a little more then 1,400 in this fence (redwood) I told him 800+ was material we can go half on that. 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. 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.) 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. They have their vinyl fence and we have our wooden fence (though not economically sound). This is very true OriginalWally, thank you very much for the information! 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. The fence its in a really bad condition. Plot Plan showing the location, extent, and height of the retaining wall in relation to any building structure, pool, property lines and public utility easements. (I believe youve already tried this approach and it failed?). 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. One neighbor is not financially able to split the cost but said he would try and chip in what he could. Whether you received it or not, if he lacks proof, it will do him no good in court. The development has remained pretty much the same over the years, and only a handful of people chose to put up decorative front yard fences. First off, does she have the expertise to build a fence like a company that specializes in building fences and provides a warranty, which your not going to get with her? I think it was never our intent to have a fence and continue to advocate for no fence. In fact once you file the small claims suit and he is served most people will end up paying then because they dont want the hassle of going to court and they realize they will likely lose anyway. The only issue is now you must collect the amount ordered to be paid to you. A typical cantilever reinforced masonry (or concrete) retaining wall will utilize a footing with a thickness of at least 12 inches. 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. Despite this, many neighbors will downright refuse to pay a penny towards the costs. 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 hope I am understanding your question here correctly?? Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? We both want to replace it. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? "At the basic level, a retaining wall is a structure that holds or retains . He charge me $80 that I paid him because I am tired of being harrassed. First off, if there was no fence there already you shouldnt have to pay anything, especially if it will not finish enclosing your yard giving you that security benefit. What fees must I pay? 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. What options do I have? What recourse do I have? The amount to pay is not a small amount and it can take a long time to collect. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Neighbor wants to replace fallen fence due to construction on his property. The fence is attached on two sides to my neighbors existing fence. However they want to put a new retaining concrete wall and then put the fence on top. upper soil grade). #gallery-1 .gallery-caption { I share a fence that is 75 long with a neighbor. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. Therefore the law states that this fence is not benefitting your neighbor. I am currently dealing with a neighbor that is refusing to fix our shared 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 . We both had existing wooden fences, about 12 apart. Also was there a fence there before that is falling apart. He came and did the job. I bought a newly built home in 2000. That being said I believe if you are set on getting a vinyl fence you have two options. lower soil grade) to the finish grade at the top of the wall (i.e. Good Luck! neighbors. area let me know and Ill go talk to him! Include good color pictures. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). 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. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. Compare. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. 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. Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesnt need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I dont have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). 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)? Your right, the Good Neighbor Law does not cover upgrades or replacing a fence just because it looks bad, yet I will not go into detail regarding this as this information is all clearly stated in the article which you would have known had you fully read it! 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! However, it was brought to my attention that the retaining wall the fence is on is failing and will need to be replaced before the fence can go up. If you are looking for a contractor in the San Francisco bay area to construct your retaining wall, be sure to contact Montclair Construction. The wall is leaning significantly toward my property and I am afraid it could fall. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! If and when we need to replace the fence sooner that should have to be, what action should I take since he doesnt seem to comprehend that what he has done is probably illegal. The wall was apparently put up to create a level lot downhill from my property so another house could be built. This height does not include the wall and depth of footing below grade. 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? They have the planks on their side and our side has the 2x4s. Their fence does nothing to secure my property. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? Cindy, I am sorry to inform you but your neighbor is correct in this situation. Now as far as the law is concerned although your neighbor is not being a very good neighbor nor is he being very diplomatic, but I believe he still has a right to refuse the vinyl fencing whether or not he is paying a dime. Do I have to pay for this to be fixed? 30 kip for strength limit states. I told them they need to trim back their trees and shrubs and that I would be getting estimates to repair the fence and take them to small claims court. Michael, thanks for the question. If he continues to do so anyway, call the cops. 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. My neighboring fence completely collapsed during a storm. If your in need of a new division fence between you and your neighbors adjoining properties, and a dispute arises, you may be at a lose of what to do. Would we lose in small claims court? Assuming your neighbor will pay half is incorrect. The new question that arises is if the fence is directly on the property line or on his side what approach do I take to this? We like the open space and look. Call Now (925) 405-7658[email protected] RC Fences and Decks Est. 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. Putting up walls can be a good thing. 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. 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. what if my dog runs off? Hope this helps, let me know if you have any more questions! resolved successfully in California. 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. We cant move forward with the project without the fence removed. 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. A new fence is going up tomorrow. It refers to a fence that uses sandwich construction, i.e. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. Vancouver, BC Generally speaking, if a fence or retaining wall is on your neighbour's side of the property line, then they're responsible for paying for it. But, our neighbor says that vinyl fence is the cheapest. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. My neighbors have large trees, poor maintenance in vegetation that is against our fence. Everything you need to know about the California Good Neighbor Fence Law! I reported to my insurance and they paid for half the replacement cost. Which has become an eyesore. I hope this answers your question somewhat good luck with your neighbor! Especially since they are quite a bit more expensive and in theory will last a lifetime. 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 slats are winged vinyl so I have to poison from above and it is becoming too big of a job.
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