My fence completely encloses my back garden and is a corner lot. The neighbor verbally agreed to this via texts and I sent quotes via texts. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? when we started doing the siding work. Which has become an eyesore. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? Soldier piles retains soil, using vertical steel piles or wooden posts with horizontal lagging. When I first moved in, he wanted to replace the current side yard fence, he played friendly for a bit, and so we split the cost 50/50. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . Is there anything I can do to stop neighbors from bullying me? Personally I dont think they look as close to real wood as they need to. Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. Allan Block, Earth stone, Keystone, etc.) The fence is solely your responsibility. The whole development had to hire their own landscapers to do their front yards. 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. This is if you dont take the proper steps leading up to the construction of the fence. There is a fence that runs right through our parcel it is aprox. If he followed these steps then he could go after you in court and would likely win. There were no fences and the neighborhood kids played freely in the yards from house to house. 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. It seems we can not agree. 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! I am not certain if I have any legal obligation to do anything here. You need professionals to come up with a solid design for the retaining wall and you need them to execute it. #gallery-1 .gallery-item { Since the water is now drawing towards my side of the property. During these early years, most of the neighborhood had children. In relation to dividing fences, the Department of Housing and Works has produced an excellent booklet - "Dividing Fences", which can be freely downloaded at www.dhw.wa.gov.au. We had no say in the decorative fence. Please let everyone know if you have any ideas as to another route to take. Therefore he would have had proof that you received a notice and chose to ignore it. You need to tell him he is harrasing you and you will not stand for it. 3 quotes The wall was apparently put up to create a level lot downhill from my property so another house could be built. I enjoy what I see, therefore Ive decided to follow you. Seemed fair. 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 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. 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. The other 400ft i f that line of fence is livestock open space fencing. Both neighbors are 50% responsible according to the CA Good Neighbor Law. Hi RC fencing! They claim they sent us a letter with some sort of ultimatum, but we never received any letter. There are three main definitions: Occupancy: use of the land up to the fence There has never previously had a boundary fence. The lagging effectively resists the load of the retained soil and transfers it to the piles. } Joel I wish I could be of more help but this is a question outside my area of knowledge. against one of my trees. Our situation is different then all the comments I have read. Can we keep the planks and not remove it? Then it will be for a judge to decide the matter! Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. However, he wants all the planks on his side while the 2x4s are in my side. If it comes down to it you might need to get a restraining order against him. 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. I have been a general contractor for nearly 20 years, a carpenter longer than this and a construction law attorney for over 10 years and I can recall the uphill neighbor being responsible for a retaining wall on only rare occasions. They did not inform us and did ask for us to help pay for the fence. Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. 12. and municipalities are committed to developing vibrant urban forests. upper soil grade). On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. 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. This is no less true in California, where houses are packed closely together and neighbors like to maintain their privacy. Or can I break down the fence that only covers his backyard ( since his property line goes passed mine in the back yard) because if Im not getting paid for that extra 18-15ft can I re use the wood for a gate on my property. Before I can answer your question as to who would be responsible for the retaining wall I need to know the following information: -Whose property if higher up, i.e. I was advised by the HOA board about Cal. As long as you have some proof of everything your telling me (i.e. But, our neighbor says that vinyl fence is the cheapest. Of course, like many laws there are exceptions. 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). 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! Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. In order for the walls to be treated as separate retaining walls, a general rule of thumb is that the tiered walls be horizontally offset by a minimum distance of two times the exposed wall height of the lower wall. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). 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! 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! Retaining walls have to be designed and installed carefully because they shoulder a lot of weight. If this sounds similar to your situation then I believe our article can be very helpful. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. 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? walls and retaining walls supporting more than 6 feet (1.83 m) of backfill height due to design earthquake ground motions Due to the variability in soil properties throughout the County of Los Angeles, the design professional must take care in his or her analysis of basement and site retaining walls. margin-left: 0; ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. 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. He should have sent the notice to you 30 days prior to the construction of the fence and should have sent it to you certified mail with the return receipt requested. Everything you need to know about the California Good Neighbor Fence Law! 1.3.2 Retaining Walls 2 1.4 SCOPE OF THE GUIDELINES 5 1.4.1 Retaining Walls Covered In These Guidelines 5 1.4.2 Retaining Walls Not Covered In These Guidelines 6 1.5 APPLICABILITY OF THE GUIDELINES 6 1.6 ACKNOWLEDGEMENTS 6 2.0 ROLES AND RESPONSIBILITIES 7 2.1 COMMON FORMS OF PROJECT ORGANIZATION 7 2.2 RESPONSIBILITIES 7 2.2.1 Owner 7 Certified letter of intent Essentially, neighbors are required to refrain from doing anything to their land that undermines a neighbor's land; or if they do, they're required to shore it up properly at their own expense. modular concrete units stacked in a running bond pattern without mortar or reinforcement. That neighbor has since moved and a new owner bought the house as a rental property. Some retaining walls are structurally necessary, others are purely for looks. Do owners of homes with pools fall under a different set of rules. This year the fence is leaning towards our house and part of the fence is on the ground, my wife got 3 bids and has contacted a contractor to build a new fence she sent a letter to the gentleman to tell him we are going to replace the fence and He sent us an e mail and I quote as for sending me a bill for my portion of the fence, since I personaly did not agree to participate in the replacement there for I will not pay anything. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. 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. Also was there a fence there before that is falling apart. Thank you Jason, I appreciate the advice! Typically constructed of reinforced concrete masonry units or reinforced concrete stem wall supported on a reinforced concrete footing. Good Luck! Yet, if the yards were already fenced in previously, and if you have other fences connecting to the one in question, you are more than likely going to get a judgment against you for half the cost. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Who knows, if this were allowed to take place a neighbor could hire their cousin lets say and pay him whatever fee and then later claim the costs were way higher than actually paid in order to make him or his family member/ associate some extra money. What should I do? 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. 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. 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. I just had a fence erected between me and my neighbor. First off, please whatever you do, do not pay this man a dime. 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. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Exposed Wall Height is the vertical distance measured from the finish grade at the bottom of the wall (i.e. Does it? 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. text-align: center; It benefits the homeowners as they now have a legal route to take to replace their fences, which obviously is exactly the reason the law was created! 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. 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. As I just stated I would be very hesitant to allow her to build the fence for two reasons. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. It clashed with the style of our house. whose property is the retaining wall actually retaining? 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! 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. Not your property, not your fence. then more than likely a judge is going to side with you. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). 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. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. Construction details, including retaining wall cross section. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. But we do not like the look of vinyl fence. Failure of your wall could lead to landslides or other unfortunate occurrences. I stated I was not the owner at the time, but I was willing to pay half. Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. There better be good reasons other than make my yard look better. They have their vinyl fence and we have our wooden fence (though not economically sound). How is this even possible? It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . The wall is leaning significantly toward my property and I am afraid it could fall. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. 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. We did not like it. My question involves real estate located in the State of: California. Brian, sounds like you have it pretty much figured out. What can I do Im being harassed. We like the open space and look. 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. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. Theyre so close that the trunks of the trees have pushed against the lower fence rail and caused the fence to separate from one of the posts and lean into my yard. 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. The fence needs to replace much of it because of the poor maintenance on my neighbors side. I would then try once more to collect half the costs from your neighbor (although you dont have to do this) and if she continues to refuse you will proceed with filing the lawsuit. I have a shared fence with my neighbor and we plan to share the cost of a new fence equally since it collapsed with strong winds a few months ago. Any tips on how to proceed? In order to do so, he has to place a retaining wall to hold the dirt in place. There is a rebuttable presumption that can be overcome. To further answer your question as to what constitutes a valid reason to replace the fence in the first place, the fence must absolutely be beyond repair and failing. The rest of the fence between our backyards is fine. However, you can be right and still have to pay for the whole fence. It blocks NOTHING in only on their side, which is why they want it done. 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. 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. However our back fence was not vinyl, but an older wooden fence, in some need of repair. 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 would force him to install another 3 foot rod iron fence on his property. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this 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? Use of tiered walls is a special condition where two or more short walls, horizontally offset from one another, are used in lieu of a single tall retaining wall. What recourse do I have? My neighbor fence between the driveways in California needs to be replaced from wind damage last December. Thanks for any input. Simple as that. Your neighbor is on the hook for half of the new fence. 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. He set the first two panels on the slope with good side facing him. I built my house many years ago. 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). in the table. According to the law, you do have the responsibility to pay for half of a shared 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. 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. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. Now there are two fences that not only a too totally different styles but heights. We both had existing wooden fences, about 12 apart. When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. My new neighbor just started replacing all his fencing in his backyard. If he asks, and you dont want to pay for any of the fence I would just repeat what I have said here, and that should be the end of it! It was always referred to as their fence, and nobody else could touch it. Eventually, we could no longer see the fence from our side. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). (Personally, I think we paid for the whole fence for him.) I hope the business property has to clean up and replace it. 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 neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. It is very good you havent paid anything for it yet. 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. They have the planks on their side and our side has the 2x4s. It does not extend the full length of the front yard (only about 15 feet of 45 or so). He said he will take me to small claims if I do not pay him. Fast forward 30 days the fencing contractor pushes us out to May. 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. I talked to the contractors and they felt bad no notice was given. The property line shows that the easement belongs to my neighbors parcel. And approached us in an aggressive and very critical manner. 215-579-9390. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. Retaining walls can sometimes be complicated and your friend should likely speak with an attorney to be sure of all details. } Neighbor does not want half he wants full amount. Thank you! Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. This has been on going for 3 years. The owner of the property that the retaining wall is located on is responsible for the retaining wall. Assuming your neighbor will pay half is incorrect. I know I cant remove the 3 foot rod iron fence because it is totally on his property but can I remove the 6 foot fence that is on my property? A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. I reported to my insurance and they paid for half the replacement cost. Bonde v. Bishop, 245 P.2d 617, 621 (Cal. They are extremely weak and the most a customer should expect from them is a few years life. If you are not completely set and getting a vinyl fence then obviously your option would be to build a new wooden fence of similar quality to your previous one and require the neighbor to pay half the cost which would probably be your best bet in this situation. Part of the fence is now leaning into the neighbors property. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). In New South Wales, it is illegal to construct a retaining wall over 600mm high from the ground. -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. I appreciate your comment, but you must realize the majority of the time, these cases will be fought in small claims court by neighbors without much legal knowledge or without additional attorneys and the judge will likely follow the letter of the law. Complete design calculations and details of the retaining system shall be submitted to DSA for review and approval with the contract drawings and specifications. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! Usually driven into the material with boring, or rotation and drilling anchors are then expanded at the end of the cable, either by mechanical means or often by injectingcement, which expands to form a bulb in the soil. 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. Neighbor wants to upgrade the whole new fence and pay for the whole project. Legal Question in Real Estate Law in California Who is responsible for a Retaining Wall? Revised on 02-04-2022 A retaining wall is a structure designed and constructed to resist the lateral pressure of soil, when there is a desired change in ground elevation that exceeds the angle of repose of the soil. You must then pay the contractor in full. What fees must I pay? This appears to be the pattern on our block. I told them they need to trim back their trees and shrubs and that I would be getting estimates to repair the fence and take them to small claims court. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. Detail(s) showing complete construction details of the retaining wall. If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. UBC 106.2, item 5 states that: A building permit shall not be required for retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge . We saved all receipts from the hardware store. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. Can she force me to pay for the materials and she do the labor? 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! Not only did you not own the house when it was replaced, but even if you did, they would have to give you a 30-day notice if you refused to pay half. The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. We cant afford the cost for the fence that he wants($14k). After I threaten to take him to a small claims court. float: left; You might want to contact legal counsel to review this matter. retaining wall: [noun] a wall that is built to keep the land behind it from sliding. I have 2 concerns, would we need to pay for the sections that dont enclose our backyard? As you might imagine, this is a fairly unusual scenario. Shouldnt we have a right to easily access our own property? 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. 2) If a retaining wall is attached to a building or if a building foundation is directly dependent upon the location and design of the retaining wall it is to be included in the building permit for the construction of the building. 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. Typically constructed of manufactured (i.e. The neighbor is bullying you in order to make money off you. 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.) I have owned my house since it was built, in the early 70s. Our neighbor wants to replace the fence with vinyl fence. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. Labor costs for . a picture frame fence since it looks the same from both sides, or when a basic nail-up fence is built with alternating panels, hence both neighbors get equal shares of the bad and good sides. Once your neighbor sees that you are suing him for considerably more than half the cost of the fence that you initially requested he will likely want to pay you the initial amount immediately. 1. My neighbors want the fence between our houses done. He offered to remove our old wooden fence for $600.00. Join for use: the attachment of another fence to the boundary fence My husband nailed planks on the fence to cover the 2x4s. Do they have the right to force us to sign their agreement to allowour work to start? Now we are stuck and the cost is adding everyday to put home on market for sale.