That is, if you're talking about retaining wall ideas in your landscape design. I told him I would also throw my neighbor a bone. 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. He would have had to get at least 3 bids from reputable companies and presented all these to you. 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. Can she insist on a new fence and I have to pay for half? They told me that as long as I dont pay then Im not allowed to touch their wall at all and they were going to take me to small claims for them to collect what I owed them. They asked permission and we acquiesced but chose not to participate in the fencing. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? I know personally, I would never get involved with such a situation! I built my house many years ago. There was nothing wrong with previous wood fence it had while home was in escrow. 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. 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. 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. According to the law, you do have the responsibility to pay for half of a shared fence. They want us to pay for 1/2 of the repair. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! 1.3.2 Retaining Walls 2 1.4 SCOPE OF THE GUIDELINES 5 1.4.1 Retaining Walls Covered In These Guidelines 5 1.4.2 Retaining Walls Not Covered In These Guidelines 6 1.5 APPLICABILITY OF THE GUIDELINES 6 1.6 ACKNOWLEDGEMENTS 6 2.0 ROLES AND RESPONSIBILITIES 7 2.1 COMMON FORMS OF PROJECT ORGANIZATION 7 2.2 RESPONSIBILITIES 7 2.2.1 Owner 7 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. My new neighbor just started replacing all his fencing in his backyard. Personally I dont think they look as close to real wood as they need to. #gallery-1 .gallery-caption { Therefore he would have had proof that you received a notice and chose to ignore it. Retaining walls of 50 feet or more typically cost between $4,000 and $10,000. Maximum spacing between piles is shown. Lagging consisting of wood, steel or precast concrete panels is inserted behind the front pile flanges as the excavation proceeds. I stated I was not the owner at the time, but I was willing to pay half. However, if the neighborhood has a fence around all properties, it really doesnt matter much if the fence is 1 foot over on his yard. 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? neighbors. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. You do not absolutely share the cost of the fence. Whether the climate is wet or dry, the walls must support the earth. The neighbor verbally agreed to this via texts and I sent quotes via texts. Surcharge is a vertical load imposed on the retained soil that may impose a lateral force in addition to the lateral earth pressure of the retained soil. Engineering calculations and associated data; Soils report (if applicable) For detailed plot plan requirements see Building Permit Requirements. 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. Any tips on how to proceed? 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. I was advised by the HOA board about Cal. 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. 215-579-9390. The fence is over 25 years old and the entire fence could stand to be replaced. 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. Joel I wish I could be of more help but this is a question outside my area of knowledge. 9. (on their property) We were never asked to pay for any of it. I wish I could help you, if you live around the Concord, CA. 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. 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? Retaining Walls Retaining walls are frequently used to stabilise and modify slopes, level sites, and correct grade differences between properties. 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. Particularly the location of the wall relative to the boundary. 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. The property line shows that the easement belongs to my neighbors parcel. We did not like it. But did not want to go through our contractors. Practical Uses & Property Aesthetics 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. If the retaining wall was a structural requirement of the lot grading . I text him to have proof and he calls me to answer do I have no write that he agree to go half. Good Luck! Their fence does nothing to secure my property. 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. Secondly, I wouldnt pay them a dime if I were you. Ct . Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. It only benefits them. 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). We saved all receipts from the hardware store. We wanted to replace it and he said we need 3 bids, my wife worked for months to get 3 bids and when we presented him with these he promptly said he could not afford to replace the fence. 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? I am very sorry to hear about your situation. Eventually, we could no longer see the fence from our side. It is a common misconception by builders, designers, landscape contractors, pool contractors and homeowners that this section of the UBC allows retaining walls of up to 4 feet in exposed wall height to be constructed without a permit, regardless of the back slope conditions. 2016 Family Owned and Operated Get a FREE Estimate! It is entirely visible on their side. Can we keep the planks and not remove it? What options do I have? The spiders build their webs on the 2x4s and birds perch on the 2x4s. California's Good Neighbor Fence Law RC Fences and Decks Dispute arising between neighbors over boundary fence? 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! The allowable height of walls is stipulated in the Zoning Code. In short, the law says that the lower neighbor "owes" support to the upper/higher neighbor. Consequently, when a fence needs repair, both property owners must share the cost. First off, please whatever you do, do not pay this man a dime. Can I still take him to court. Read on to learn about property line and fence laws in California. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. Join for use: the attachment of another fence to the boundary fence In the broadest terms a wall on the property line might be shared. My question involves real estate located in the State of: California. He offered to remove our old wooden fence for $600.00. 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. But calling the cops on me for a one time incident has changed my care free attitude. } All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. 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. 8 years ago I was worried that my dog would get injured by the new neighbors aggressive bulldog so I suggested we put up a new fence, he said sure as long as I replaced with heavy duty commercial chain link with slats (original is a leaning 42 yr old commercial chain link with broken and missing wood slats). Is there anything I can do to stop neighbors from bullying me? again please do not pay him a dime. Part of the fence is now leaning into the neighbors property. Notice of Intent to Alter Shared Boundary Fence. Gerald Hershenson Esq. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. They have the planks on their side and our side has the 2x4s. 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. Usually in small claims if it is under the max amount in your state (usually around 10-15k). This is if you dont take the proper steps leading up to the construction of the fence. 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. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! I have a neighbor that replaced my fence on one side. UBC 106.2, item 5 states that: A building permit shall not be required for retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge . Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. Also, the new fence could not be an unnecessary upgrade from the previous fence. A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. 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. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. Labor to build a retaining wall costs from $50 to $75 per hour. I talked to the contractors and they felt bad no notice was given. Does it? I just feel like Im trying to be very diplomatic about this but if the neighbor shoots me down or ignores me again my only thought process is to get a surveyor out here and give me the exact property line. Never gave us the opportunity to make a selection that matched our existing fence. Bonde v. Bishop, 245 P.2d 617, 621 (Cal. It is not something that NEEDS to be done. 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. Also, the fence was still in decent shape and we hadnt planned on replacing soon. are frequently available from local building supply warehouse stores. /* see gallery_shortcode() in wp-includes/media.php */, All These walls above require Building permits. This is the height referred to in UBC 106.2, item 5 and it includes the wall and depth of footing below grade. 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. resolved successfully in California. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. And approached us in an aggressive and very critical manner. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. 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. A building permit can usually be issued over the counter when two copies of the following are provided along with a completed permit application: Segmental gravity retaining walls such as Keystone, Allan Block, etc. Construction Landing Page Pro Theme by: Rara Theme. Today I go into my yard to find our shared fence down! Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence My partner and I ran across this different website and decided to take a look around. The whole development had to hire their own landscapers to do their front yards. The owner of the property that the retaining wall is located on is responsible for the retaining wall. Im just wondering if the wording of the invoice would create any sort of legal rights to the neighbor; if so, should I have the contractor change the wording? For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. (510) 547-2457 If the project requires consultation with a structural engineer, hourly charges range from $100 to $200 per hour. 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). However our back fence was not vinyl, but an older wooden fence, in some need of repair. Eventually, a neighbor moved and sold their 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. I hope I am understanding your question here correctly?? Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. What happens then? But we do not like the look of vinyl fence. A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. Re: Retaining wall law. She has to get three separate estimates and then you two can agree as to which company to go with. Lateral resistance of each pile: and edge of footing is 1'-6". What other option does a homeowner have if their fence is failing miserably and needs replacement immediately, yet their neighbor refuses to pay a dime? If there is a better option out there please let all our readers, as well as I, know! We write another notice that construction date has been pushed up to May. The last thing you want is to be fined by city inspectors because you were found to be in violation of building codes. Contractors and homeowners are usually more aware of the vertical offset between the upper and lower grade elevations that will be required for the retaining wall. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. Fine. 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. Nat, yes you are correct. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). I gave them 15 days to accomplish this and also gave my phone number. We agreed. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! 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. There are many reasons disputes may arise between neighbors when it comes to fences. 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. 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 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.) Whatever their purpose, retaining walls come in infinite shapes, sizes and styles. I am sorry I am reading this over and I think I understand your question. Once you get three estimates from reputable companies, present them to her, then decide on a fence contractor, and send your neighbor the 30-day notice. But, our neighbor says that vinyl fence is the cheapest. During these early years, most of the neighborhood had children. We were both in agreement to pay half each. I don't agree with Mr. Olden. 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! The common law and statute doesn't allow a downhill property from removing lateral support without replacing it. The neighbor sent me the written estimate from the construction person that showed the same price, but did not say panels but said the fence would be built from boards. I asked a contractor how much to tear down my older wooden fence. I have video documentation of the damage . Cindy, I am sorry to inform you but your neighbor is correct in this situation. I had contacted my neighbor twice that we need to get the fence fix. float: left; Theres an easement/driveway between my backyard and my neighbors front yard. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. when we started doing the siding work. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? lower soil grade) to the finish grade at the top of the wall (i.e. They said that would be a civil dispute amongst neighbors. Repair vs Replacedue to preference or aesthetic. Based on this minimum footing thickness, a retaining wall with a maximum retained wall height of 4 feet would correspond to maximum exposed wall height of 3 feet. 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. Neighbor wants to replace fallen fence due to construction on his property. Your neighbor is on the hook for half of the new fence. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . There were no fences and the neighborhood kids played freely in the yards from house to house. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. 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. The rest of the fence between our backyards is fine. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. I do not think this qualifies for a Good neighbor fence. Complete design calculations and details of the retaining system shall be submitted to DSA for review and approval with the contract drawings and specifications. then more than likely a judge is going to side with you. The most common dispute is who will incur the costs and whether or not there should be a shared responsibility due to the equal benefit the fence will have. Retaining walls can sometimes be complicated and your friend should likely speak with an attorney to be sure of all details. What can I do Im being harassed. Revised on 02-04-2022 A retaining wall is a structure designed and constructed to resist the lateral pressure of soil, when there is a desired change in ground elevation that exceeds the angle of repose of the soil. border: 2px solid #cfcfcf; 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 think she should pay half. 12. and municipalities are committed to developing vibrant urban forests. When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. 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. At the very least, even if your neighbor doesnt see your side of the issue and still believes both of you should split the costs evenly, hopefully, you can convey the importance of proper care and maintanence for the new fence in the future to prevent another similar issue down the road. Maybe higher. The existing fence isnt bad at all. Michael, thanks for the question. While I understand the question is a general legal question and the contractor area of expertise does not matter, I would still feel more comfortable directing you to a knowledgeable attorney in your area! My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? Deferred approvals will not be permitted. Especially since they are quite a bit more expensive and in theory will last a lifetime. Thank you. 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. We want to remove the fence on our land, so we can access 100% of our land from our entry gate. 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. 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. Check if your spelling is correct, or try removing filters. All the Best. That being said I believe if you are set on getting a vinyl fence you have two options. I bought my house last year and my neighbors decide to redo their fence . The neighbors called and threatened to sue us. That neighbor has since moved and a new owner bought the house as a rental property. 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. 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. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. For segmental gravity retaining walls, the detail(s) must clearly identify the block manufacturer; block type, drainage requirements, and maximum wall height. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. She does not want to do it that way. I am on disability and cannot afford to even split the cost really. So Im in very different situation from any Ive read. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. We cant afford the cost for the fence that he wants($14k). If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. Include good color pictures. Having said this I do not believe what your neighbor has done is in any way illegal and I must warn you should you take this stance and they go about replacing the fence according to the steps necessary in the CA good neighbor law, then you would likely lose in court. Shirley Jean. Your next step is to file a lawsuit against him in small claims! It leaves me in this terrible circle. He did. Paying in full and go to court is not a good resolution to this situation. So if the wall was built because your neighbor (when the property was graded) wanted to level his yard he had to replace the lateral support to your property by building a retaining wall. 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)? We do not want, or have a need for this new fence. It has to be built tough and allow drainage without giving way. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. Detail(s) showing complete construction details of the retaining wall. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? Hes going forward with it and we will get the framed side. Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. Each fence on our own respective properties. No work until 30days after certified letter. I hope this answers your question somewhat good luck with your neighbor! 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. 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. Ok here goes I understand your frustration with your neighbor after stating you would cover all the costs, for him to complain about a vinyl fence. He does not live in the area. 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.
