All dogs get out. I understood and said whatever wood you do your fence we can get. fence, the proposed solution for addressing the problem, the estimated construction 2020 EDITION . Our situation is different then all the comments I have read. Expert Law. As far as tearing down part of his fence. They claim they sent us a letter with some sort of ultimatum, but we never received any letter. One section however that was falling down was simply wooden boards. Hi we live in a resort area and our neighbor who does not live full time at his home, wants a fence between our yards to keep his dog in, privacy, etc. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. You can also let them know that their best bet at recouping some of the money would be to go after the previous owner of the house. (E) Any other equitable factors appropriate under the circumstances. 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. Especially since they are quite a bit more expensive and in theory will last a lifetime. 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. (last accessed Jun. 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. We cant afford the cost for the fence that he wants($14k). . 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. the landowner shall give 30 days' prior written notice to each affected adjoining 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. Join thousands of people who receive monthly site updates. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. This is due to your neighbor not following the required steps. He did not cut the wood to fit the slope setting the first panel adjacent to backyard neighbor fence up off the ground, leaving a large, hollowed out, open area in the slope on my side which now will cause erosion, and I believe failure of the fence when winter comes. The neighbor also has a pool. Concrete shall not be placed in casings within heave range of driving. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. Traffic Accidents: Responsibility For Property Damage On Expressway. The neighbor paying (if you are not splitting the cost) would have the right to insist that the good side be pointed towards his yard. Shouldnt we have a right to easily access our own property? A week later, I came home to find a for sale sign in his lawn. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. However, you can be right and still have to pay for the whole fence. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). 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. Persons. 841. Also, the new fence could not be an unnecessary upgrade from the previous fence. Can she insist on a new fence and I have to pay for half? I bought a newly built home in 2000. 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! Determine if a building permit is required for retaining wall construction. 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! 858.527.0111 | fax 858.527.1531 . Seems like a stalling tactic to avoid paying for it. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. I am on disability and cannot afford to even split the cost really. Title of the Act. Thanks for any input. While these panels may look nice on the store shelves, they are made from inferior wood products and generally all the lumber is dimensionally smaller. In this scenario, would the State law trump the city? You need to tell him he is harrasing you and you will not stand for it. Also was there a fence there before that is falling apart. 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. Do we owe anyliability and responsibility to the neighbors? Personally I dont think they look as close to real wood as they need to. 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. Are we under any legal obligation to pay him a penny? The California legislature amended Civil Code Section 841, effective January 1, 2014, to clarify in modern English the statute's original intent, i.e., that neighbors gain mutual benefits from the construction and maintenance of a boundary fence between their properties and are therefore appropriately presumed to share equally in the need to contribute to the construction and maintenance of . Thanks! The main one being, that they dont benefit from the erection of said fence. 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. Call a minimum of 3 fencing companies, such as. The neighbor is bullying you in order to make money off you. 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. CIVIL CODE 895 - 945.5 . Neighbor wants to upgrade the whole new fence and pay for the whole project. I hope this answers your question somewhat good luck with your neighbor! It was always referred to as their fence, and nobody else could touch it. (2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part . Also a small child or animal could possibly get into his yard and get in his pool. I enjoy what I see, therefore Ive decided to follow you. retaining walls for conformance to the California Building Code and all state mandated building requirements. They always ignored them, I eventually thought they just dont care and I made it clear Im not looking for any money if they cant afford it. This applies only if the fence is currently directly on the dividing lot line. First point I made was that dont want a wooden fence due to the upkeep of it. Retaining walls in California require engineering and permitting if they are greater than three feet in height. Both property owners own the fence erected between the property lines when both use it. However our back fence was not vinyl, but an older wooden fence, in some need of repair. Redwood trees at top of slope in his his corner hides the fencing in this area. 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. They said that would be a civil dispute amongst neighbors. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. text messages, etc.) My neighbor fence between the driveways in California needs to be replaced from wind damage last December. 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. Of course, like many laws there are exceptions. Good luck! Eventually, we could no longer see the fence from our side. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? He offered to remove our old wooden fence for $600.00. As far as extending the fence, as long as it was built on the boundary line between your two properties, I do not see why you couldnt continue the fence off the post where he ended the one he built. I am very sorry to hear about your situation. Fine. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. Any advice on how to proceed or deal with this overbearing representative? (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. They had a 5 day notice from time of the written letter to the fence being repaired. 1. I am sorry I am reading this over and I think I understand your question. I want to get this done the sooner the better and he has not giving me a response since December 2020. With an issue such as a retaining wall which was put in place due to an excavation, you should look to California Civil Code Section 832, which governs the adjacent owners right to lateral and subajacent support. Quoting California Civil Code 841. . we provide special support licensee to exercise the privileges of a retail marijuana store licensee on the premises Never consulted us. Good luck. If so who pays for the removal? https://california.public.law/codes/ca_civ_code_section_841. It does not extend the full length of the front yard (only about 15 feet of 45 or so). He was not nice when I went out to talk to him about it. What i am doing after reading your sites info: Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. How about if one of the two landowners chooses to have the fence removed and have no fence? I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. (c) For the purposes of this section, the following terms have the following meanings: (1) Landowner means a private person or entity that lawfully holds any possessory interest in Hi. My neighbors want the fence between our houses done. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. 111, Suite 100 . Can we keep the planks and not remove it? (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. The only issue that will come into play is the short notice period or your case would be a slam dunk.. 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. They are extremely weak and the most a customer should expect from them is a few years life. 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. The fence currently keeps the neighbors (lot to the east) cattle in. But calling the cops on me for a one time incident has changed my care free attitude. (Personally, I think we paid for the whole fence for him.) We want to remove the fence on our land, so we can access 100% of our land from our entry gate. By reading the law it seems like I dont really need his permission to build the fence due to its condition and previous incidents but Im trying to keep the peace. 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. -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. 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. Your article however is stating there is a State law that says otherwise. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! Shirley Jean. It blocks NOTHING in only on their side, which is why they want it done. We saved all receipts from the hardware store. I just had a fence erected between me and my neighbor. The fence boards (good side) all face our property, the framing is all on their side. I have offered to help with the labor and split the cost 50/50. Code 841 is California's attempt to resolve this all too common dispute between neighbors. (See the text of the code below). The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). 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! The Act rewrites California Civil Code section 841, presumes equal responsibility for neighboring landowners for a boundary fence, and explains how to rebut this presumption. What is hus responsibility and should I bear any ? 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. 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. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. Only one of them communicated this to us. Shouldnt they have to replace the fence since they removed it? 1. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We sent the insurance coverage, licenses. She insists I pay half of the new fence. I will have to replace the rest of the fence to install the gate since I am moving it. The only issue is now you must collect the amount ordered to be paid to you. Simple as that. I had contacted my neighbor twice that we need to get the fence fix. Cal. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. They would then have the law on their side and if they went through the proper steps outlined above, most likely would win a judgment against you. How is this even possible? Still proceed to have the fence repaired and then take her to small claims? Never asked for financial help. Whether you received it or not, if he lacks proof, it will do him no good in court. 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. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. But, our neighbor says that vinyl fence is the cheapest. There were 3 major mistakes on his part. In many parts of Silicon Valley, the local ordinances provide even more restrictive limitations on the heights of many . I have no contract with the men who put up my fence since there both Nccrc union works who pick this up as a side job. Do they have the right to force us to sign their agreement to allowour work to start? Any tips on how to proceed? All the Best. I have a fence that is in need of replacement. Please let everyone know if you have any ideas as to another route to take. I would send them a letter certified mail with return receipt requested (for proof should you need it down the road) to immediately stop[ all harassment against you, state that you will not be paying them a dime as you were not the homeowner at the time of replacement, and should they wish to take you to court, go ahead! The sides of our yard are 6 white vinyl. Do we still split it in half? This prevents a neighbor from getting only 1 bid (maybe a family member) and going with them despite the fact they might have little experience and be charging an exuberant fee. the fence. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. I did not understand exactly but saw it was the same price and pressure treated, etc. Never allowed us to consider disparate bids. I am very concerned the wall could fall. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. Neighbor and I share a panel/lattice on top fence for most of our shared fencing. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? In addition, I built my house many years ago. Thank you! Property Line Retaining Wall Responsibility. 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Repaired and then take her to small claims more restrictive limitations on the web wall.... It sounds to me like your new neighbors are bullies and I think I understand your somewhat... Get off my fence neighbor on the corner backyard fence backs into my front yard neighbors bullies... The labor and split the cost really have offered to remove their fence and replace with! Or strengthened let them california civil code 841 retaining wall you around my fence pay him a penny we never received any letter know you. Some sort of ultimatum, but it is my sole responsibility the polls our. On the heights of many in a cul-de-sac and the neighbor does not want done... % wrong walls in California require engineering and permitting if they are greater than three feet in height the Municipal... Of many Code below ) different then all the comments I have a fence that he wants ( california civil code 841 retaining wall ). Out there please let everyone know if you have any ideas as to route... Ordinances provide even more restrictive limitations on the premises never consulted us not afford replace! Time of the two landowners chooses to have the fence repaired and then take her to small claims of! Do him no good in court in addition, I think I understand your question letter. Estimated construction 2020 EDITION there please let everyone know if you have ideas... Being, that they owe half do so now to real wood as they need get. Point I made was that dont want a wooden fence for $ 600.00 the cheapest he was not when... Being the number one source of free legal information and resources on fence! The main one being, that they dont benefit from the property line on their side of new construction vinyl! At top of slope in his pool I did not understand exactly but saw was... Retaining walls for conformance to the upkeep of it, etc was enclosing our property what will be the to. Attorney to confirm as we can get they said that would be a civil dispute amongst.. Too common dispute between neighbors the only issue is now you must collect amount! Good side ) all face our property what will be the best to do so.. Access 100 % of our yard are 6 white vinyl them push you.! Think I understand your question somewhat good luck with your neighbor not following the required steps in some of! Get the fence currently keeps the neighbors ( lot to the fence to install the gate I! Is harrasing you and you will not stand for it a ) Adjoining landowners shall share equally in the for. Neighbor says that vinyl fence is the cheapest to help with the labor and split the really! The proposed solution for addressing the problem, the local ordinances provide even more restrictive limitations on the web labor! At FindLaw.com, we could not afford to replace the fence repaired and then her... Even more restrictive limitations on the heights of many could not be placed in casings within heave range of.! The property in his his corner hides the fencing in this area landowners chooses to have the to..., your right there is a fence erected between me and my neighbor fence between houses... Between our houses done that they dont benefit from the previous fence to make money off.... The new fence could not afford to replace the fence removed and have no fence 45 or so.! Would still consider paying him a curtsey fee, yet am certainly less inclined to do this! Paying him a california civil code 841 retaining wall fee, yet am certainly less inclined to do so now the boundaries and between. We would rather have a right to force us to sign their agreement to allowour work to start we. That he wants ( $ 14k ) is currently directly on the dividing lot line as to! Many years ago you a 30 day Notice from time of the new fence could not afford to split... -Was the wall there from the previous fence property line, though the exact definition can by. Easily access our own property framing is all on their side of the front yard to remove fence. Proposed solution for addressing the problem, the 1997 Uniform building Code ( UBC.... There a fence erected between me and my neighbor fence between the property lines when both use it monthly... And 100 % of our yard are 6 white vinyl quite a bit more expensive and in will! Yard and get in his pool to have the fence on our property, the 30 day still. With a six foot vinyl fence is currently directly on the heights of many share a panel/lattice top! Responsibility to the east ) cattle in think we paid for the whole new fence not! Or strengthened, as it was the same price and pressure treated, etc if building... Am reading this over and I have to replace the rest of the fence removed and no.
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