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. 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. Practical Uses & Property Aesthetics 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. Lastly, the neighbor failed to serve the notice to you. I enjoy what I see, therefore Ive decided to follow you. Subscribe to our mailing list to get news and discounts. I am willing to fix it but she wants a new fence. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. I didnt even have the option of getting my own bids or anything. 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. Retaining wall responsibility My neighbors are claiming that an existing retaining wall that is failing is on my property and that I am 100% responsible for it. We saved all receipts from the hardware store. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. 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. Whether you received it or not, if he lacks proof, it will do him no good in court. Retaining walls are a popular landscaping feature, especially for homes sitting on sloped or uneven land. If we cannot agree, can we each build our own choice of fence? upper soil grade). requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. 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. Soldier piles retains soil, using vertical steel piles or wooden posts with horizontal lagging. We like the open space and look. I am a little confused as to your question. The good news, you have absolutely nothing to worry about. Am I still responsible for half? In order to do so, he has to place a retaining wall to hold the dirt in place. 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. Thank you. Spoke to the neighbor again, told him I want to move the fence to the property line, first he said fine as long as its a block wall, so we got estimates but that was too much, so then he said we could move my fence to the property line, and then yesterday changed his mind again and said do not remove original fence! 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. The common law and statute doesn't allow a downhill property from removing lateral support without replacing it. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. Also, the new fence could not be an unnecessary upgrade from the previous fence. 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. Examples of surcharges are: 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. Exposed Wall Height is the vertical distance measured from the finish grade at the bottom of the wall (i.e. Assuming your neighbor will pay half is incorrect. The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. Now there are two fences that not only a too totally different styles but heights. What recourse do I have? At the very least they are very cheap, which would mean an inferior crappy fence that isnt going to last as long as it should! This is if you dont take the proper steps leading up to the construction of the fence. Flooding, surface runoff, and even leaking sprinklers can spark disputes between neighbors. I am on disability and cannot afford to even split the cost really. Civ. Still proceed to have the fence repaired and then take her to small claims? 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. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. Do not do so! 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. 13. The fence is attached on two sides to my neighbors existing fence. 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. I don't agree with Mr. Olden. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? I wish they would have just talked to us about going in 50/50 on a new fence. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. 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. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. 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. Never allowed us to consider disparate bids. Another goal of this note is to provide policy recommendations for the future development of tree law in California. 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. What can we do? Can we keep the planks and not remove it? 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. There were 3 major mistakes on his part. So now HOA is advising me to serve her with the 30 days notice and if she still refuses to then take her to small claims to have the judge order her to agree to the fence replacement and payment. Paying in full and go to court is not a good resolution to this situation. 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. All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. Part of the fence is now leaning into the neighbors property. Join for use: the attachment of another fence to the boundary fence He insists that he could build his side of the wooden fence and our other side if I split the cost with him. 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. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? I understood and said whatever wood you do your fence we can get. He has the responsibility to pay for half of a fence between yards. In New South Wales, it is illegal to construct a retaining wall over 600mm high from the ground. 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? This appears to be the pattern on our block. Hi RC fencing! The whole development had to hire their own landscapers to do their front yards. It just appeared one day. 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. Then it will be for a judge to decide the matter! 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. The fence was not leaning and still standing up and was holding up to natural elements such as wind but the neighbor claimed he or his dog could break the planks. Anyway, can they sue me for 1/2 the cost of this ? I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. The property line shows that the easement belongs to my neighbors parcel. Some homeowners don't like enlisting the help of professionals when building at home, but this isn't the time for that. 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. 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. What fees must I pay? and defecate on them. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence 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. But the legal issues can be as muddy as the mess in your backyard. Who is Legally Responsible for a Retaining Wall My question involves real estate located in the State of: CA (unincorporated Alameda County) I am the uphill homeowner, my neighbor is the downhill owner. What happens then? When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. We write another notice that construction date has been pushed up to May. Whether the climate is wet or dry, the walls must support the earth. level backfill only). As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. The other 400ft i f that line of fence is livestock open space fencing. And approached us in an aggressive and very critical manner. 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? It clashed with the style of our house. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! Can I do half of the fence and they can do half of the fence? We are buying land. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? 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. Engineering Professional(s) Professional engineers and licensees who are registered or licensed by the . Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. 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! 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. In this scenario, would the State law trump the city? 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. Check if your spelling is correct, or try removing filters. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. Our neighbor wants to replace the fence with vinyl fence. 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! Sloping retained soil But calling the cops on me for a one time incident has changed my care free attitude. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. Ct . I know I cant remove the 3 foot rod iron fence because it is totally on his property but can I remove the 6 foot fence that is on my property? The fence is leaning and needs to be replaced. I bought my house last year and my neighbors decide to redo their fence . The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. I have offered to help with the labor and split the cost 50/50. State they didnt have insurance policies he wanted. I want to get this done the sooner the better and he has not giving me a response since December 2020. Certified letter of intent My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. I am a single mother, this is my 1st home and I just cant afford $3500. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. We did not like it. 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? 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. My new neighbor just started replacing all his fencing in his backyard. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). 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. My partner and I ran across this different website and decided to take a look around. In short, the law says that the lower neighbor "owes" support to the upper/higher neighbor. Hi Annie, thanks for the great question! First point I made was that dont want a wooden fence due to the upkeep of it. He does not live in the area. I still cant see this fence from my property. He offered to remove our old wooden fence for $600.00. You must pay building, plan check, geotechnical, microfilm, and filing fees. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. Every property on the North side has the planks and the on Southern fence you have the 2x4s. Our backyard fence (100) is on or rear neighbors front yard side fence. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! 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. I wish I could help you, if you live around the Concord, CA. 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. I just had a fence erected between me and my neighbor. 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. California's Good Neighbor Fence Law RC Fences and Decks Dispute arising between neighbors over boundary fence? The fence falls after he rent it out to another family who as well as me has 3 large dogs. Seems like a stalling tactic to avoid paying for it. 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. 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. 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. Thanks for any time you spend reading about my situation. } The fence does not enclose their front yard but is still a neighboring fence. He charge me $80 that I paid him because I am tired of being harrassed. I have a fence that is in need of replacement. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. 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. I have issues with that because the old fence had the planks on my side. So he got one estimate and paid the company and then demanded I pay half. Retaining walls have to be designed and installed carefully because they shoulder a lot of weight. (510) 547-2457 Usually in small claims if it is under the max amount in your state (usually around 10-15k). 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. 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. Then he said he would come up and build the fence and also move my gate for which I would pay him for and 1/2 the neighbor fence. I toll my husband to get if fix with out any response from him. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. We didnt do anything about it, as we didnt want to cause problems in our first year here. Their fence does nothing to secure my property. Seismic Earth Pressure . Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it.
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