His tenant dog Kill my dog. Which has become an eyesore. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? I told him I would also throw my neighbor a bone. Building a Retaining Wall: 8 Dos and Don'ts - Bob Vila 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. 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! This definition also applies to freestanding pool walls. There are many reasons disputes may arise between neighbors when it comes to fences. I wish they would have just talked to us about going in 50/50 on a new fence. 9. Ninety-five percent of Californians live in urban areas. Therefore it seems to me she is trying to rip you off! I am very sorry to hear about your situation. Joel I wish I could be of more help but this is a question outside my area of knowledge. Im confident if I contracted any work on the wall he would not allow workers on his property. The neighbor is bullying you in order to make money off you. It just appeared one day. I signed a contract and the day before installation neighbor said no, fence could not be removed, so I had to have it installed on my side (plus pay the total $3000). Who is Legally Responsible for a Retaining Wall - ExpertLaw Also, the new fence could not be an unnecessary upgrade from the previous fence. What if the adjacent property is an apartment complex? in the yard, providing security & privacy, etc. There were 3 major mistakes on his part. Secondly, is the fact that she is stating the material are the same costs as the labor; that would be a huge red flag for me. If so, can I put up planks on my side, once its built? Any thoughts not input would be greatly appreciated. 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. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. I had contacted my neighbor twice that we need to get the fence fix. The neighbors called and threatened to sue us. Neighbor does not want half he wants full amount. Jim, thank you for the great question. The panel sits at about 8-9 ft off the ground. First is to let the neighbor know if his legal responsibility to pay for half the fence. 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. Claiming to only want to speak to said contractor or my brother( union famer but didnt live here) not me or my mother. It does not extend the full length of the front yard (only about 15 feet of 45 or so). It seems we can not agree. Plot Plan showing the location, extent, and height of the retaining wall in relation to any building structure, pool, property lines and public utility easements. We are buying land. Read on to learn about property line and fence laws in California. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. The law becomes a little unclear in instances such as yours but the major factor which is going to decide who is legally responsible is whether or not you have a fence around any part of your yard that is connected to this fence that he wants you to pay half of to replace? Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. Wood retaining walls (with or without a fence) with an exposed wall height of two feet or less, where the retained soil does not support a surcharge (i.e. If we cannot agree, can we each build our own choice of fence? Subscribe to our mailing list to get news and discounts. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! PDF CALIFORNIA RETAINING WALL TYPE 7B - DETAILS No. 1 Also, the fence was still in decent shape and we hadnt planned on replacing soon. 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. 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. 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. 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. upper soil grade). The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. The fence does not enclose their front yard but is still a neighboring fence. Check if your spelling is correct, or try removing filters. 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! 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. We cant move forward with the project without the fence removed. 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.) Do you need a French drain on your property? The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. He was not nice when I went out to talk to him about it. 1. Dividing Fences and Retaining Walls - Master Builders WA float: left; 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. Even more important than that is I believe many contractors would not want to get involved with something such as this due to another company building part of a fence they built, so if there are problems down the road, all of a sudden they might take the blame for another companies poor workmanship. -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. Hope this fully answers your question, if you have any further questions please let us know. Right now, we have a block wall fence between my neighbors house and ours. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). My fence completely encloses my back garden and is a corner lot. There better be good reasons other than make my yard look better. 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. If he followed these steps then he could go after you in court and would likely win. Call us for a free consultation They have their vinyl fence and we have our wooden fence (though not economically sound). Were going through a similar situation. They want us to pay for 1/2 of the repair. So your situation depends heavily on who dug into the hill and installed the retaining wall in the first place--your neighbor's predecessor, or yours. My neighbors have large trees, poor maintenance in vegetation that is against our fence. Complete Guide To Retaining Walls and Your Home | Square One unless soil passive resistance is included. Ct . He then ghosted me, my mother. Retaining walls of 50 feet or more typically cost between $4,000 and $10,000. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? The fence currently keeps the neighbors (lot to the east) cattle in. If this sounds similar to your situation then I believe our article can be very helpful. 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 wasnt even the owner when he decided to build the block fence. However our back fence was not vinyl, but an older wooden fence, in some need of repair. Any tips on how to proceed? They have the planks on their side and our side has the 2x4s. PDF Retaining Wall Stability and Maintenance - Sunshine Coast Regional District Also, I dont agree that this information only benefits the contractor, IT DOES NOT! If it is on your property and you are sure of it (please make 100% sure) then yes you can go ahead and do whatever you want with it, such as tear it down. And her contractor for one year. 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? Is there anything I can do to stop neighbors from bullying me? We were gone for a free days, and the contractor had a job cancel, so he asked if he could come early and remove the 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. But did not want to go through our contractors. Would have to agree with Potential Customer partly. However, the fence installed has a deep setback, meaning half our lots side yard has new fencing, and the other half has no fencing at all (dont think it ever did). There is a large high substantial retaining wall holding back higher ground in the ownership of our client which is in poor condition. Without The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. 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. Your article however is stating there is a State law that says otherwise. He said he could not pay half only $600. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? 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. Labor to build a retaining wall costs from $50 to $75 per hour. 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. The allowable height of walls is stipulated in the Zoning Code. My new neighbor just started replacing all his fencing in his backyard. This is if you dont take the proper steps leading up to the construction of the fence. However, you can be right and still have to pay for the whole fence. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. You need professionals to come up with a solid design for the retaining wall and you need them to execute it. Pr nC-sesooi AgGrnoeDv-2Wdl -d i enuf# R-sngei l i eti aal - egbc.ca 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. 15 - Retaining Walls | Los Angeles Bureau of Engineering Permit Manuals Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. It leaves me in this terrible circle. Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. They did not inform us and did ask for us to help pay for the fence. 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. Also a small child or animal could possibly get into his yard and get in his pool. I am a little confused as to your question. I have issues with that because the old fence had the planks on my side. Im looking forward to returning to your website. 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)? margin-left: 0; Our situation is somewhat different then what I have yet read. Detail(s) are to be wet stamped and signed by a California registered civil or structural engineer. Eventually, a neighbor moved and sold their house. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? Shouldnt we have a right to easily access our own property? While repairing is an option sometimes, although we usually do not recommend it, this article is based on the notion that your fence has fully failed, needs replacement immediately, and your neighbor refuses to pay for it. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. The common law and statute doesn't allow a downhill property from removing lateral support without replacing it. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. We didnt do anything about it, as we didnt want to cause problems in our first year here. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. You can state you will fight them in court. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. According to the law, you do have the responsibility to pay for half of a shared fence. 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. There are three main definitions: Occupancy: use of the land up to the 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. Thank you Jason, I appreciate the advice! 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.
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