He offered to remove our old wooden fence for $600.00. Does this mean both neighbors are responsible for the cost of the retaining wall as well? Now there are two fences that not only a too totally different styles but heights. 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. Property Line and Fence Laws in California - FindLaw Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. In summary, I WOULD NOT pay your neighbor a dime, as he not only replaced a fence that didnt need to be replaced in the first place, but he did not follow the proper steps in order to be able to collect half the costs fro0k you via the courts. Retaining wall responsibility - Legal Answers - Avvo Yes, there are no provisions in the statute to account for one neighbors actions, i.e. 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. The fence its in a really bad condition. First off, does she have the expertise to build a fence like a company that specializes in building fences and provides a warranty, which your not going to get with her? I sent a link to a fence I had received an estimate on: This fence was panels with lattice on top from Lowes to replace the falling down fence that was not panels but simply boards but would match the rest of the shared fence. 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. A week later, I came home to find a for sale sign in his lawn. Then his brother who lives in the house said he would do it and never provided quotes. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . Neither of these block types is recommended when the retaining wall is supporting a sloping backfill, any other surcharge or a solid fence. Typically constructed of manufactured (i.e. California's Good Neighbor Fence Law RC Fences and Decks Dispute arising between neighbors over boundary fence? We both had existing wooden fences, about 12 apart. That is, if you're talking about retaining wall ideas in your landscape design. 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. It seems irresponsible to not include other information that might leave you stuck with the bill. that would force him to install another 3 foot rod iron fence on his property. Make a demand to the neighbor for half of the costs. PDF CALIFORNIA RETAINING WALL TYPE 7B - DETAILS No. 1 It seems we can not agree. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. The technique has been used to provide support for many excavations or simply a garden wall. Start out by documenting the current condition of the fence. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. A civil or structural engineer should design any walls that rise more than 1 m high. We agreed. Particularly the location of the wall relative to the boundary. Compare. Your neighbor is on the hook for half of the new fence. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. 30 kip for strength limit states. 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! requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. 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. 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. or Contact us Here. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. What recourse do I have? Our situation is different then all the comments I have read. 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? I asked a contractor how much to tear down my older wooden fence. They had a 5 day notice from time of the written letter to the fence being repaired. We intend to remove the fence. Brian, sounds like you have it pretty much figured out. 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. 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? I am willing to fix it but she wants a new fence. The owner of the property that the retaining wall is located on is responsible for the retaining wall. We both want to replace it. in the yard, providing security & privacy, etc. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. Our backyard fence (100) is on or rear neighbors front yard side fence. in the table. Which has become an eyesore. Dividing Fences and Retaining Walls - Master Builders WA Our side of the fence with the 2x4s looks ugly and unfinished. PDF DESIGN OF RETAINING WALLS - Los Angeles County, California 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. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). The amount to pay is not a small amount and it can take a long time to collect. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. This neighbor is neither very smart or kind, and I just want to be prepared for when he goes apoplectic once a fence is installed, as well as collecting half $$ once he decides to modify what will then be his side. There are three main definitions: Occupancy: use of the land up to the fence level backfill only) and the wall does not support a solid fence. Soldier piles retains soil, using vertical steel piles or wooden posts with horizontal lagging. One section however that was falling down was simply wooden boards. An anchored retaining wall can be constructed in any of the styles but also includes additional strength using cables or Helical tie backs with other types of rods anchored in the rock or soil behind it. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. Seemed fair. Also during the raining season, we need to do the roof and siding work asap before the raining season. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. Re: Retaining wall law. 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. Practical Uses & Property Aesthetics 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. Your next step is to file a lawsuit against him in small claims! Allan Block, Earth stone, Keystone, etc.) Our left siding wall base are dropped to the two neighbors very end of their backyard. We sent the insurance coverage, licenses. Still, we would have been happy to go 50/50 on a new fence but they did not inform us and did ask for us to help pay for a new 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. 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! 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. I am sorry I am reading this over and I think I understand your question. My gate is set back from the street more than my neighbors. Our neighbor just built a fence on the property line without any discussion with us that separates our 2 lower side yards, so we now have no access to the area under our side stairs. I wish they would have just talked to us about going in 50/50 on a new fence. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. Despite this, many neighbors will downright refuse to pay a penny towards the costs. The neighbors called and threatened to sue us. 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. What if the adjacent property is an apartment complex? This has been on going for 3 years. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. Except on the front portion which is in my front yard. We were both in agreement to pay half each. 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. One neighbor is not financially able to split the cost but said he would try and chip in what he could. To check your legal obligations and responsibility regarding retaining walls, you should contact the Building Department at your local council office. Gerald Hershenson Esq. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! She does not want to do it that way. Next door landlord(just purchased the land) approach me daughter of owner of the house & ask to sloppy cost on shared fence that was very water damaged. Im 21 year old I have put a little more then 1,400 in this fence (redwood) I told him 800+ was material we can go half on that. sorry for the crappy neighbor, youd be surprised how common this really is! To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. 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. It gets a little complicated when it comes to retaining walls. The neighbor verbally agreed to this via texts and I sent quotes via texts. You are not responsible for any of the costs whatsoever and therefore you should not pay half much less the full costs, which I have no idea how this neighbor believes this to be fair. If you are not satisfied with the final product or it isnt what you had agreed upon prior to it being built, then you should not pay! There was nothing wrong with previous wood fence it had while home was in escrow. Well, its simpler than that. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. Putting up walls can be a good thing. We cant move forward with the project without the fence removed. I had contacted my neighbor twice that we need to get the fence fix. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. Its an aesthetic preference that she wants a brand new fence. I enjoy what I see, therefore Ive decided to follow you. My neighbor replaced our old Good neighbor fence. If and when we need to replace the fence sooner that should have to be, what action should I take since he doesnt seem to comprehend that what he has done is probably illegal.
Transfer Gun Ownership After Death Massachusetts, Articles R