Will we need to pay? My neighbor fence between the driveways in California needs to be replaced from wind damage last December. The main one being, that they dont benefit from the erection of said fence. Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). Property Line Retaining Wall Responsibility. 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. Neighbor does not want half he wants full amount. 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. and defecate on them. The other 400ft i f that line of fence is livestock open space fencing. What can I do Im being harassed. He said he could not pay half only $600. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. The fence needs to replace much of it because of the poor maintenance on my neighbors side. Spoke to the neighbor again, told him I want to move the fence to the property line, first he said fine as long as its a block wall, so we got estimates but that was too much, so then he said we could move my fence to the property line, and then yesterday changed his mind again and said do not remove original 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? So Im in very different situation from any Ive read. Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. 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. You must then pay the contractor in full. Jim, thank you for the great question. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence I stated I was not the owner at the time, but I was willing to pay half. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. Do I have to pay for this to be fixed? During these early years, most of the neighborhood had children. Is there anything I can do to stop neighbors from bullying me? 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. Everything you need to know about the California Good Neighbor Fence Law! 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. Our properties backup to a small slope. However, he wants all the planks on his side while the 2x4s are in my side. 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. We asked if we could pay for a gate to be put into the fence at our cost so we could have access to the area. We didnt do anything about it, as we didnt want to cause problems in our first year here. We do not want, or have a need for this new 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). I text him to have proof and he calls me to answer do I have no write that he agree to go half. 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. I talked to the contractors and they felt bad no notice was given. 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. The . From boundary line disputes, to one of the more common issues, which is the neighbor(s) outright refusal to help pay for the cost of a new fence, maintenance or repairs. The quotes Ive gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. What should I do? But over the years, their sprinklers, trees planted too close and their own children caused the fence to be constantly in a state of disrepair. Civ. licensee to exercise the privileges of a retail marijuana store licensee on the premises My neighbors have large trees, poor maintenance in vegetation that is against our fence. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. My new neighbor just started replacing all his fencing in his backyard. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. The neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. California Civil Code 841.4 declares that any fence exceeding 10 feet in height that was "maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance.". 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. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through . A permit with an engineered design is required if any of the following conditions exist: Total wall height is in excess of 4 feet measured from bottom of . Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. All dogs get out. I understood and said whatever wood you do your fence we can get. My husband nailed planks on the fence to cover the 2x4s. That neighbor has since moved and a new owner bought the house as a rental property. Code 841 and 841.4. Quoting California Civil Code 841. . If we cannot agree, can we each build our own choice of fence? As long as you have some proof of everything your telling me (i.e. 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. I Said they should of waited till the house was under my name and I would of helped out. (b) (1) Adjoining landowners are presumed to share an equal benefit . State they didnt have insurance policies he wanted. The term good neighbor just refers to the style of the fence. Adjoining landowners presumed to be equally responsible for reasonable costs of construction, maintenance, or necessary replacement of boundary fences. 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 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. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. 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. Deep foundation elements shall not be driven within four and one-half average diameters of a cased element filled with concrete less than 24 hours old unless approved by the building official. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. 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). Usually in small claims if it is under the max amount in your state (usually around 10-15k). Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. Hes going forward with it and we will get the framed side. In other words, it is no longer capable of serving its intended purpose, i.e. My last correspondence by text with the homeower who lives out of the area is if you want it done now you can do that and pay for it all yourself. Secondly, I wouldnt pay them a dime if I were you. Legal Help for Real Estate Ownership and Title - Fences and Walls: CALIFORNIA We have a bid from a licensed contractor for $1300 to replace the fence and. One side of my fence is 630ft of that side 220ft of the fence are a neighbors backyard privacy fence that the builder put in. I had not notified him yet of the contractor doing the job as it just got scheduled. Through social 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. No work until 30days after certified letter. If you dont approve of this my advice would be to split the cost equally in which you will probably have to agree to alternate panels or build a good neighbor fence. His tenant dog Kill my dog. retaining walls for conformance to the California Building Code and all state mandated building requirements. Section R404.1.1.1 is added to read as follows: Concrete and masonry foundation walls and retaining walls with a height of four (4) feet measured from the bottom of the footing shall have the construction documents approved and stamped by a California licensed architect or engineer. I have owned my house since it was built, in the early 70s. I share a fence that is 75 long with a neighbor. Eventually, a neighbor moved and sold their house. (Personally, I think we paid for the whole fence for him.) Two questions: Our backyard neighbors dont trim their trees (70 feet high) or their shrubs and now a few sections of the fence are leaning in our backyard due to the foliage pushing against and through the fence. real property, and does not include a city, county, city and county, district, public proof. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. Code; Civil Code the civil code of the state of california. (4) Where a party rebuts the presumption in paragraph (1) by a preponderance of the Cal. If he followed these steps then he could go after you in court and would likely win. I have 2 concerns, would we need to pay for the sections that dont enclose our backyard? But, our neighbor says that vinyl fence is the cheapest. Hi RC fencing! I bought my house last year and my neighbors decide to redo their fence . We have both got estimates that are similar in price. (a) Adjoining landowners shall share equally in the responsibility for maintaining Having said this I can see where he is coming from, many people are still on the fence as to whether they like the look of vinyl fence yet. If so who pays for the removal? Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . for the reasonable costs of construction, maintenance, or necessary replacement of I didnt even have the option of getting my own bids or anything. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. Per California Civil Code 841, do I have the permission to build the wall on the property line? or maintenance costs involved to address the problem, the proposed cost sharing approach, for court! Spite Fence Law: 841.4. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. I dont know why she says that. The only way to force your neighbor to spend $1000 he or she probably doesn't have is to drag them into court and seek a court order making them spend $1000 that he or she probably doesn't have, and to convince the court that Civil Code 841(b) really doesn't mean I can elect to let my fence fall over it I want to. 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). I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. You bring up replacement due to aesthetics and upgrading a fence? Fences and Walls: Neighbor Does Not Wish to Use Our Fence Contractor; Im looking forward to returning to your website. It is entirely visible on their side. 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. Personally I dont think they look as close to real wood as they need to. Therefore it seems to me she is trying to rip you off! No fences. dividing their properties and, unless otherwise agreed to by the parties in a written The only issue that will come into play is the short notice period or your case would be a slam dunk.. In addition, Also, it would be good to know for the future in case it happens again. (See the text of the code below). I had contacted my neighbor twice that we need to get the fence fix. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? Effect of the 1872 Codes. Hi Annie, thanks for the great question! We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. 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. He then ghosted me, my mother. The retail marijuana accelerator store may receive technical assistance and financial 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. Title of the Act. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). It only benefits them. They did not inform us and did ask for us to help pay for the fence. I have offered to help with the labor and split the cost 50/50. But we do not like the look of vinyl fence. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. First is to let the neighbor know if his legal responsibility to pay for half the fence. Then it will be for a judge to decide the matter! Except on the front portion which is in my front yard. Refreshed: 2018-05-15. 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. I disagree with you fully due to one small issue, what other way can you go about the situation should your fence need to be replaced immediately and your neighbor refuses to pay. My neighbor replaced our old Good neighbor fence. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. 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. He came and did the job. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. 1. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. Construction Landing Page Pro Theme by: Rara Theme. 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! the fence. (C) Whether the financial burden to one landowner would impose an undue financial My husband wants to put the planks on our side. Simply put, the issue is whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility for the Subject Wall. The development has remained pretty much the same over the years, and only a handful of people chose to put up decorative front yard fences. I wish they would have just talked to us about going in 50/50 on a new fence. 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. Although you didnt follow the steps necessary under the CA Good Neighbor Law, if it were me I would go ahead and take him to small claims court. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. The fence is solely your responsibility. 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. Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? 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. Only one of them communicated this to us. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). As far as tearing down part of his fence. The Civil Code of the State of California. 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. A new fence is going up tomorrow. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. I am not certain if I have any legal obligation to do anything here. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. 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. Neighbor wants to replace fallen fence due to construction on his property. There are many reasons disputes may arise between neighbors when it comes to fences. We sent the insurance coverage, licenses. Party Walls. I wasnt even the owner when he decided to build the block fence. Any advice on how to proceed or deal with this overbearing representative? Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. Civ. 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. fence, the proposed solution for addressing the problem, the estimated construction 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! If you have ever sat through a small claims court session you undoubtedly saw at least one litigant going after a neighbor to pay for half of a 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! It does not extend the full length of the front yard (only about 15 feet of 45 or so). I still cant see this fence from my property. Or is it apparent the uphill neighbor . 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. 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. Maldri, I would recommend that you try and sit down with your neighbor and explain to them that the wall they built along with the overwatering is causing the fence to fail prematurely and see if they are willing to make the necessary changes to prevent this from continuing to take place. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. Never asked for financial help. There were no fences and the neighborhood kids played freely in the yards from house to house. (1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. Now we are stuck and the cost is adding everyday to put home on market for sale. It blocks NOTHING in only on their side, which is why they want it done. However, it was brought to my attention that the retaining wall the fence is on is failing and will need to be replaced before the fence can go up. Your article however is stating there is a State law that says otherwise. Sometimes even a hedge can act as a boundary. Especially since they are quite a bit more expensive and in theory will last a lifetime. Good Luck! Persons. 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! I am going to build block wall on the property line. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. Contact us. However our back fence was not vinyl, but an older wooden fence, in some need of repair. I am a little confused as to your question. The fence currently keeps the neighbors (lot to the east) cattle in. I am very concerned the wall could fall. 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? We both had existing wooden fences, about 12 apart. Paying in full and go to court is not a good resolution to this situation. They had a 5 day notice from time of the written letter to the fence being repaired. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. Eventually, we could no longer see the fence from our side. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. 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. Shouldnt they have to replace the fence since they removed it? Preliminary Provisions. Our neighbor wants to replace the fence with vinyl fence. A lot of people make the argument that since they dont care if their property has a fence or not, they arent benefiting from the fence. 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. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=841. Certified letter of intent real property before and after its installation. Whether they are facing financial hardships of their own, are very tight with their money, or just take no pride in the upkeep of their property, the refusal usually comes from the misconception that they are not legally responsible to pay. 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? Do not do so! It refers to a fence that uses sandwich construction, i.e. 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. 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 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 . But did not want to go through our contractors. If he continues to do so anyway, call the cops. Never consulted us. 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. area let me know and Ill go talk to him! The notice shall include notification of the presumption of equal responsibility Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. The law places responsibility on both parties because both benefit from the fence. 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