Would have to agree with Potential Customer partly. They have the planks on their side and our side has the 2x4s. Redwood trees at top of slope in his his corner hides the fencing in this area. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. I built my house many years ago. 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. 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! Hes going forward with it and we will get the framed side. Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). Seismic Earth Pressure . Assuming your neighbor will pay half is incorrect. Thank you for your comment/ queston! 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. If it comes down to it you might need to get a restraining order against him. A week later, I came home to find a for sale sign in his lawn. Therefore it seems to me she is trying to rip you off! I contracted with a contractor to do the job this month and let the brother know 2 months ago I did this because he never responded with a quote and I can finance the fence with the contractor and the homeowner is not responding. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. You need to tell him he is harrasing you and you will not stand for it. I am a little confused as to your question. He said he will take me to small claims if I do not pay him. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. 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. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. Never allowed us to consider disparate bids. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. Does it? 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. in the yard, providing security & privacy, etc. He would have had to get at least 3 bids from reputable companies and presented all these to you. The cost of rebuilding a retaining wall on appellants' property cannot be held to be equivalent to the cost of restoring respondent's property to its original condition by mere speculation and without some evidence, and the finding of damages is therefore not supported by the evidence. 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. 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. 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. Today I go into my yard to find our shared fence down! I have video documentation of the damage . We deal solely with fences and decks and not siding, etc. I wasnt even the owner when he decided to build the block fence. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. 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. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. 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. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. I am sorry I am reading this over and I think I understand your question. I do not see why you wouldnt be able to do what youre proposing except for the fact that it could bring along with it a lot of issues. Civ. I have offered to help with the labor and split the cost 50/50. What fees must I pay? Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Lastly, the neighbor failed to serve the notice to you. 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. 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 fence is about 6 inside our side of the property line and is about 15 feet long, extending from our backyard gate towards the front yard/street. Can we keep the planks and not remove it? Do we still split it in half? Secondly, I wouldnt pay them a dime if I were you. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. My neighbors have large trees, poor maintenance in vegetation that is against our fence. Pile group reduction factors are not applied, 40 kip for extreme limit states. Do they have the right to force us to sign their agreement to allowour work to start? I would have appreciated knowing in advance as I have dogs. Legal Question in Real Estate Law in California Who is responsible for a Retaining Wall? 9. Call a minimum of 3 fencing companies, such as. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. } The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. Today the homeowner is tearing down a portion of the fence and replacing it with no notice and said he is not replacing the whole fence as we agreed nor my gate. 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? Every property on the North side has the planks and the on Southern fence you have the 2x4s. 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. Whether you received it or not, if he lacks proof, it will do him no good in court. Adjacent vehicle loads supported by the retained soil Solid fences that are attached (or directly adjacent) to a retaining wall also impose additional lateral forces on a retaining wall when wind pressures act on the fence. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. The fence is old and grey but was being maintained with new planks when needed. After I threaten to take him to a small claims court. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. Also during the raining season, we need to do the roof and siding work asap before the raining season. My neighbor agreed to pay half the cost of putting in a new fence. Only 43 of that fence serves me, and then my gate encloses my yard. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. They are extremely weak and the most a customer should expect from them is a few years life. 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. Are you trying to say the fence will be in the front yard and therefore is not necessary or does it extend from the backyard all the way through to the front. No fences. 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. We cant afford the cost for the fence that he wants($14k). We both had existing wooden fences, about 12 apart. There is a fence that runs right through our parcel it is aprox. 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. Putting up walls can be a good thing. Simple as that. 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)? 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. They have refused, saying that that dont want us to have free access to their property-we would literally only have to take 4-5 steps on their property to get to our our property under the stairs. I Said they should of waited till the house was under my name and I would of helped out. are frequently available from local building supply warehouse stores. 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. I appreciate your advice. 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. Why would this be true.. the fence is not on the boundary like therefore it is the responsibility of the property owner in which has the entirety of the fence on their property to maintain it as they like. 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. Then his brother who lives in the house said he would do it and never provided quotes. There are many reasons disputes may arise between neighbors when it comes to fences. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. Is it his right to put the framed side facing us? Well, I wish I could give you better advice but the matter is in your neighbors hands. If there was and the fence is being replaced you would ONLY HAVE TO PAY for the sections that run along your property line and absolutely nothing else. 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. 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. 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. Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesnt need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I dont have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). Any thoughts not input would be greatly appreciated. Are we under any legal obligation to pay him a penny? When water causes property damage -- flooded basements, collapsing retaining walls, or soggy gardens, for example -- feuds between neighbors often result. I live on a hill and a fence that is about 30 years old exists between my neighbor and me. Bonde v. Bishop, 245 P.2d 617, 621 (Cal. He has the responsibility to pay for half of a fence between yards. What if the adjacent property is an apartment complex? The wall was apparently put up to create a level lot downhill from my property so another house could be built. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. Practical Uses & Property Aesthetics You might want to contact legal counsel to review this matter. and defecate on them. They did not inform us and did ask for us to help pay for the fence. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. Will we need to pay? Consequently, when a fence needs repair, both property owners must share the cost. It blocks NOTHING in only on their side, which is why they want it done. Not your property, not your fence. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. Joel I wish I could be of more help but this is a question outside my area of knowledge. In this scenario, would the State law trump the city? It happens all the time. 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. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? Maximum spacing between piles is shown. 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. Neighbor wants to upgrade the whole new fence and pay for the whole project. Everything you need to know about the California Good Neighbor Fence Law!

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