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california civil code 841 retaining wall - handsawpress.com Neighbor has constantly harassers me constantly if he sees something touching his fence. Thanks for any time you spend reading about my situation. Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? 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. 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. Call a minimum of 3 fencing companies, such as. We had no say in the decorative fence. 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. As long as you have some proof of everything your telling me (i.e. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. what about security/privacy?) 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. If he continues to do so anyway, call the cops. 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. My question involves real estate located in the State of: California. Shouldnt they have to replace the fence since they removed it? Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. 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! 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. Also during the raining season, we need to do the roof and siding work asap before the raining season. 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). Retaining wall law | Legal Advice - LawGuru We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Cindy, I am sorry to inform you but your neighbor is correct in this situation. upper soil grade). Having said this I do not believe what your neighbor has done is in any way illegal and I must warn you should you take this stance and they go about replacing the fence according to the steps necessary in the CA good neighbor law, then you would likely lose in court. Im looking forward to returning to your website. If you cant abide by the rules that make the neighborhood clean and what probably attracted you to purchase in the first place, buy elsewhere! There is a rebuttable presumption that can be overcome. Our side of the fence with the 2x4s looks ugly and unfinished. A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. 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. He did. It clashed with the style of our house. Whatever their purpose, retaining walls come in infinite shapes, sizes and styles. Fight it until the very end! For segmental gravity retaining walls, the detail(s) must clearly identify the block manufacturer; block type, drainage requirements, and maximum wall height. But did not want to go through our contractors. He also damaged a small two foot retaining wall that serves in that corner of my yard as a decorative feature as well as a way to halt erosion. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. The fence has deteriorated and a section has fallen over. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. Well, its simpler than that. Retaining wall law | Legal Advice Eventually, a neighbor moved and sold their house. (on their property) We were never asked to pay for any of it. 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. 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. The fence needs to replace much of it because of the poor maintenance on my neighbors side. Brian, sounds like you have it pretty much figured out. The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. modular concrete units stacked in a running bond pattern without mortar or reinforcement. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. In other words, it is no longer capable of serving its intended purpose, i.e. She just moved into the neighborhood in December, but the strong winds we had back in January/February left us both with a collapsed fence. 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. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. He has not responded to my texts since May as to when he will replace the fence. Can we keep the planks and not remove it? #gallery-1 .gallery-item { He said he could not pay half only $600. Thank you. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. 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. I bought a newly built home in 2000. Without Usually in small claims if it is under the max amount in your state (usually around 10-15k). My neighbors have large trees, poor maintenance in vegetation that is against our fence. 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. 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. I know this is not exactly fair and therefore a situation like this is best handled by sitting down with your neighbor and trying to have a mature constructive conversation. Who is Legally Responsible for a Retaining Wall - ExpertLaw The Keystone Legacy Block (6 high x 16 wide x 10 deep) product is limited to 3 feet in height or six blocks in height total. My relationship with this neighbor is not good. 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. Neighbor does not want half he wants full amount. Both property owners own the fence erected between the property lines when both use it. Anyway, can they sue me for 1/2 the cost of this ? Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. I had contacted my neighbor twice that we need to get the fence fix. I wish they would have just talked to us about going in 50/50 on a new 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. One section however that was falling down was simply wooden boards. In order to do so, he has to place a retaining wall to hold the dirt in place. 9. In the broadest terms a wall on the property line might be shared. Can I do half of the fence and they can do half of the fence? While these panels may look nice on the store shelves, they are made from inferior wood products and generally all the lumber is dimensionally smaller. Your article however is stating there is a State law that says otherwise. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. 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. 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. They have the planks on their side and our side has the 2x4s. 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. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. I wasnt even the owner when he decided to build the block fence. 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. 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). First point I made was that dont want a wooden fence due to the upkeep of it. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. Fence it up and intact. Complete design calculations and details of the retaining system shall be submitted to DSA for review and approval with the contract drawings and specifications. She does not want to do it that way. A new fence is going up tomorrow. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. The judge will side with you; you are in the right in this case! It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? 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. 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. 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. My new neighbor just started replacing all his fencing in his backyard. I want to get this done the sooner the better and he has not giving me a response since December 2020. You need to stand your ground, tell him you will not be paying for any of the costs of the wall, or anything else for that matter. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? The other 400ft i f that line of fence is livestock open space fencing. If so, can I put up planks on my side, once its built? Soldier piles retains soil, using vertical steel piles or wooden posts with horizontal lagging. However, if the neighborhood has a fence around all properties, it really doesnt matter much if the fence is 1 foot over on his yard. We want to remove the fence on our land, so we can access 100% of our land from our entry gate. Nolo.com. Some years back, with consent from the prior owner of the neighboring house, my husband paid for and built a fence in our FRONT yard between our driveway and neighbors side yard for growing plants on (decorative). ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. Now there are two fences that not only a too totally different styles but heights. 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. As an example, two tiered retaining walls each with an exposed wall height of 3 feet, and level back fill that are horizontally offset by a distance of 2 feet would be treated as a single 6 foot tall wall and as a result, a building permit would be required. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. It happens all the time. We are buying land. Im confident if I contracted any work on the wall he would not allow workers on his property. The fence needs to be repair. The neighbor is bullying you in order to make money off you. Hope this fully answers your question, if you have any further questions please let us know. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. I noticed this when it was almost done. Thanks for any input. He argued that it was, and that the neighbor on the other side of him gladly paid her portion, and told me that legally, I have to pay. Our backyard fence (100) is on or rear neighbors front yard side fence. So if the wall was built because your neighbor (when the property was graded) wanted to level his yard he had to replace the lateral support to your property by building a retaining wall. -Lastly, and I believe the answer is yes to this but is the retaining wall on the boundary line separating you from your neighbors property? This applies to those who live in rural areas where fences are not as common and many landowners dont want to build or maintain a fence around their property. 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. Is Uphill Neighbor Responsible For A Retaining Wall? (Find Out Now!) 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. Thank you! 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? for court! 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. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. We were both in agreement to pay half each. 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. They always ignored them, I eventually thought they just dont care and I made it clear Im not looking for any money if they cant afford it. Their fence does nothing to secure my property. (Personally, I think we paid for the whole fence for him.) PDF Plann Frequently Asked Questions about: Retaining Walls - Abbotsford 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. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. 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. 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. Complete Guide To Retaining Walls and Your Home | Square One Do we owe anyliability and responsibility to the neighbors? Do you need a French drain on your property? I have owned my house since it was built, in the early 70s. text messages, etc.) Its an aesthetic preference that she wants a brand new fence. I have a 5 acre property with no HOA or perimiter fence requirements. 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. But calling the cops on me for a one time incident has changed my care free attitude. Were going through a similar situation. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. 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? Should you have any questions, please stop by the public counter of the Building permit section of the City Hall. He has the responsibility to pay for half of a fence between yards. If it comes down to it you might need to get a restraining order against him. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! There better be good reasons other than make my yard look better. Still proceed to have the fence repaired and then take her to small claims? Hello, My neighbor installed a 6 foot rod iron fence with brick pillars which is about 3 to 4 inches on my property The fence is only about 15 feet long and was installed years ago. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. Thank you, I wish I could help you, if you live around the Concord, CA. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? Also, I dont agree that this information only benefits the contractor, IT DOES NOT! Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. And her contractor for one year. Include good color pictures. unless soil passive resistance is included. Also was there a fence there before that is falling apart. He set the first two panels on the slope with good side facing him. If you have a retaining wall or are planning to build one, it is important to ensure the structural integrity of the wall. whose property is the retaining wall actually retaining? Another goal of this note is to provide policy recommendations for the future development of tree law in California. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? He did not cut the wood to fit the slope setting the first panel adjacent to backyard neighbor fence up off the ground, leaving a large, hollowed out, open area in the slope on my side which now will cause erosion, and I believe failure of the fence when winter comes. 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. This was attached to the existing sideyard fence that was part of the developments construction. How is this even possible? Do not do so! Schedule one of the fence contractors, most likely youll want to choose RC Fences and Decks, due to their superb attention to detail along with their reasonable prices, but keep all of the bids so you can show that the price was reasonable. Code in most cities is as follows: retaining wall can't be on the property line because the neighbor who is at the lower elevation owns the wall and has to have enough room at the top for proper drain lines. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. My neighbour wants a retaining wall. Who has to pay? I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). Construction details, including retaining wall cross section. I am on disability and cannot afford to even split the cost really. Whether the climate is wet or dry, the walls must support the earth. 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? If it is a party wall both parties are equally responsible for the repair. Examples of surcharges are: 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. 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 poor maintenance, or sprinklers hitting the fence, etc., causing damage to the fence, therefore, causing the fence to have to be replaced before it should have with proper care and maintenance. Pr nC-sesooi AgGrnoeDv-2Wdl -d i enuf# R-sngei l i eti aal - egbc.ca We agreed. Failure of your wall could lead to landslides or other unfortunate occurrences. I am a single mother, this is my 1st home and I just cant afford $3500. I did not understand exactly but saw it was the same price and pressure treated, etc. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! But the legal issues can be as muddy as the mess in your backyard. Now as far as the law is concerned although your neighbor is not being a very good neighbor nor is he being very diplomatic, but I believe he still has a right to refuse the vinyl fencing whether or not he is paying a dime. There were no fences and the neighborhood kids played freely in the yards from house to house. Retaining wall responsibility | Legal Advice - LawGuru As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. level backfill only). 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. PDF CALIFORNIA RETAINING WALL TYPE 5SWBP-DETAILS No. 1 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). 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. 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. You must pay building, plan check, geotechnical, microfilm, and filing fees. margin-top: 10px; If this sounds similar to your situation then I believe our article can be very helpful. I am currently dealing with a neighbor that is refusing to fix our shared fence. However, he wants all the planks on his side while the 2x4s are in my side. There is a fence that runs right through our parcel it is aprox. Well, I wish I could give you better advice but the matter is in your neighbors hands. Sloping retained soil Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence 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. Melissa, very good question. They did not inform us and did ask for us to help pay for the fence. Today I go into my yard to find our shared fence down!
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