I am a single mother, this is my 1st home and I just cant afford $3500. The neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. 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. I have offered to help with the labor and split the cost 50/50. He offered to remove our old wooden fence for $600.00. Subscribe to our mailing list to get news and discounts. I live downhill from a neighboring house which was built after my house. I want to get this done the sooner the better and he has not giving me a response since December 2020. Read on to learn about property line and fence laws in California. Can she force me to pay for the materials and she do the labor? Join for use: the attachment of another fence to the boundary fence Without You do not absolutely share the cost of the fence. Every state interprets use differently. Therefore you will need to pay 100% of the costs of replacement! Is this situation an exception? The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. 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. then more than likely a judge is going to side with you. I want to replace our fence and sent multiple notices to our neighbor south of us. 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. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! I am very concerned the wall could fall. As I just stated I would be very hesitant to allow her to build the fence for two reasons. Practical Uses & Property Aesthetics I have owned my house since it was built, in the early 70s. Compare. I dont know why she says that. are frequently available from local building supply warehouse stores. As you might imagine, this is a fairly unusual scenario. 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. I wish they would have just talked to us about going in 50/50 on a new fence. 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. For segmental gravity retaining walls, the detail(s) must clearly identify the block manufacturer; block type, drainage requirements, and maximum wall height. 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)? I call upset that he has been pettt by ignoring not just me and my mother but the 2 contractors we tired to hire for this shared fence. Ct . Hes going forward with it and we will get the framed side. Therefore he would have had proof that you received a notice and chose to ignore it. Thank you for your comment/ queston! Today I go into my yard to find our shared fence down! Theres an easement/driveway between my backyard and my neighbors front yard. I am on disability and cannot afford to even split the cost really. We had no say in the decorative fence. Who is Legally Responsible for a Retaining Wall - ExpertLaw Responsibility for Maintaining Retaining Wall - ExpertLaw 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. Please let everyone know if you have any ideas as to another route to take. Do they have the right to force us to sign their agreement to allowour work to start? upper soil grade). Although you didnt follow the steps necessary under the CA Good Neighbor Law, if it were me I would go ahead and take him to small claims court. As the wall is next to a footpath lying within the adjoining owners land, ownership of the wall to establish who is liable for the cost of repairs has become an issue. Simple as that. 200 from either boundary. This is if you dont take the proper steps leading up to the construction of the fence. Exposed Wall Height is the vertical distance measured from the finish grade at the bottom of the wall (i.e. We cant afford the cost for the fence that he wants($14k). 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. I think she should pay half. The other 400ft i f that line of fence is livestock open space fencing. I told him that this was not my fence, and explained the history. 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. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. 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. This appears to be the pattern on our block. This morning we came to see that the townhouses HOA just took it upon themselves to remove the back wall so now we no longer have a back fence wall! Our property is the lower one and theirs is the higher one. Then it will be for a judge to decide the matter! Assuming your neighbor will pay half is incorrect. As long as you have some proof of everything your telling me (i.e. Do you need a French drain on your property? -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. The sides of our yard are 6 white vinyl. 215-579-9390. Each fence on our own respective properties. 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. for court! The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. 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. However, you can be right and still have to pay for the whole fence. 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 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? It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . 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 . What is hus responsibility and should I bear any ? PDF CALIFORNIA RETAINING WALL TYPE 7B - DETAILS No. 1 Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. Putting up walls can be a good thing. Who Is Responsible For The Retaining Wall On A Property Line? Michael, thanks for the question. 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. A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. That being said I believe if you are set on getting a vinyl fence you have two options. Home About Us First is to let the neighbor know if his legal responsibility to pay for half the fence. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. 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. Also was there a fence there before that is falling apart. Neighbor has constantly harassers me constantly if he sees something touching his fence. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. 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. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. 1. 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? The good news, you have absolutely nothing to worry about. The walls can be designed as cantilever walls, or receive additional lateral support from anchors or bracing. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. They have the planks on their side and our side has the 2x4s. Am I still responsible for half? Well, its simpler than that. No fences. Property Line and Fence Laws in California - FindLaw #gallery-1 .gallery-caption { 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. 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. Your next step is to file a lawsuit against him in small claims! Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. 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. So, like many, I have a real A-hole neighbor! This applies only if the fence is currently directly on the dividing lot line. We like the open space and look. I had contacted my neighbor twice that we need to get the fence fix. According to the law, you do have the responsibility to pay for half of a shared fence. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. I noticed this when it was almost done. Whether the climate is wet or dry, the walls must support the earth. We both had existing wooden fences, about 12 apart. 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. We write another notice that construction date has been pushed up to May. Sloping retained soil When I first moved in, he wanted to replace the current side yard fence, he played friendly for a bit, and so we split the cost 50/50. 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. The fence its in a really bad condition. Thanks for any input. Failure of your wall could lead to landslides or other unfortunate occurrences. So you are presented with the same predicament? Is there anything I can do to stop neighbors from bullying me? Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. Any thoughts not input would be greatly appreciated. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. I suggest that you not continue the repair until it is determined who is responsible. 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. Your article however is stating there is a State law that says otherwise. Good luck! Who is responsible if a retaining wall on or near property lines - Avvo 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! 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. Some years back, with consent from the prior owner of the neighboring house, my husband paid for and built a fence in our FRONT yard between our driveway and neighbors side yard for growing plants on (decorative). 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. In order to do so, he has to place a retaining wall to hold the dirt in place. The wall design shall be prepared under the general responsible charge of a California registered structural engineer. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. Remember he Although I know this is now besides the point, I would actually always recommend a custom built fence to the prefabricated fence panels they carry at big box stores. You can state you will fight them in court. 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. Consequently, when a fence needs repair, both property owners must share the cost. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. 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. 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. 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. The fence falls after he rent it out to another family who as well as me has 3 large dogs. We were both in agreement to pay half each. Eventually, we could no longer see the fence from our side. Lastly, the neighbor failed to serve the notice to you. Notice of Intent to Alter Shared Boundary Fence. Retaining walls of 50 feet or more typically cost between $4,000 and $10,000. When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. The property line shows that the easement belongs to my neighbors parcel. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. Is Uphill Neighbor Responsible For A Retaining Wall? (Find Out Now!) Our left siding wall base are dropped to the two neighbors very end of their backyard. neighbors. All the Best. 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. 40 Retaining Wall Ideas That Will Elevate Your Landscaping Retaining wall is which neighbor's responsibility in San Francisco, CA It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. 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. This definition also applies to freestanding pool walls. Would you please comment on this: After getting the small claims judgement, and the other party still refuses to pay, get the judgement RECORDED, as it then attaches to the property. 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 figure if its on mine I have complete control although I will most likely make enemies with my neighbor. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! He said he could not pay half only $600. I was barely in escrow when they did fence as soon as I moved in they asked me to pay them 3,000 I told them that was not my responsibility because the house wasnt mine yet. 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. You must then pay the contractor in full. I stated I was not the owner at the time, but I was willing to pay half. Secondly, I wouldnt pay them a dime if I were you. poor maintenance, or sprinklers hitting the fence, etc., causing damage to the fence, therefore, causing the fence to have to be replaced before it should have with proper care and maintenance. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. If so, can I put up planks on my side, once its built? Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. Our neighbor wants to replace the fence with vinyl fence. Since the water is now drawing towards my side of the property. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? He set the first two panels on the slope with good side facing him. I gave them 15 days to accomplish this and also gave my phone number. We agreed. this information even though informative it only benefit the contractor. Thank you Jason, I appreciate the advice! You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. The main one being, that they dont benefit from the erection of said fence. In New South Wales, it is illegal to construct a retaining wall over 600mm high from the ground. Retaining wall responsibility | Legal Advice - LawGuru Never gave us the opportunity to make a selection that matched our existing fence. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. Retaining Wall Cost: Labor Prices and Material Estimates - Forbes I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. Thank you, In that case, he has to pay the other owner for one-half of the already existing fence. Re: Retaining wall law. PDF Retaining Wall Stability and Maintenance - Sunshine Coast Regional District The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. what if my dog runs off? Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. Shouldnt we have a right to easily access our own property? Ninety-five percent of Californians live in urban areas. Examples of surcharges are: 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! that would force him to install another 3 foot rod iron fence on his property. Thanks! There are three main definitions: Occupancy: use of the land up to the fence I have a shared fence with my neighbor and we plan to share the cost of a new fence equally since it collapsed with strong winds a few months ago. Maximum spacing between piles is shown. 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? Deferred approvals will not be permitted. 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. We intend to remove the fence. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! This is the height referred to in UBC 106.2, item 5 and it includes the wall and depth of footing below grade. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. Our neighbors property has their front yard side fence built on their property, parallel to our fence, about 16 inches from our fence along the entire way. 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! Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. When water causes property damage -- flooded basements, collapsing retaining walls, or soggy gardens, for example -- feuds between neighbors often result. It is very good you havent paid anything for it yet. The panel sits at about 8-9 ft off the ground. The fence is over 25 years old and the entire fence could stand to be replaced. 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. Do you know? 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. It was always referred to as their fence, and nobody else could touch it. He also damaged a small two foot retaining wall that serves in that corner of my yard as a decorative feature as well as a way to halt erosion. Usually in small claims if it is under the max amount in your state (usually around 10-15k). unless soil passive resistance is included. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. Use of tiered walls is a special condition where two or more short walls, horizontally offset from one another, are used in lieu of a single tall retaining wall. I have no idea where your neighbor is getting his information from but it sounds to me like he is trying to take you guys to the cleaners, please whatever you do dont let him do that! Fine. Many legal problems can arise otherwise. 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. 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. 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? Should you have any questions, please stop by the public counter of the Building permit section of the City Hall. 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). 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. We want to remove the fence on our land, so we can access 100% of our land from our entry gate. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. The allowable height of walls is stipulated in the Zoning Code. We cant move forward with the project without the fence removed. This is very true OriginalWally, thank you very much for the information! Despite this, many neighbors will downright refuse to pay a penny towards the costs. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. The second reason was the. 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. She does not want to do it that way. But, our neighbor says that vinyl fence is the cheapest. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive.