What was the outcome regarding the neighbors trees/vegetation ruining your fence? Yes, that is correct. Nolo.com. He agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. 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. 2016 Family Owned and Operated Get a FREE Estimate! 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! We do not want, or have a need for this new fence. Yet, I am going to have to disagree with you that this is not a good resolution solely for the fact that there are no other options. PDF BUILDING PERMIT AND GUARD REQUIREMENTS FOR RETAINING WALLS - Calgary Lagging consisting of wood, steel or precast concrete panels is inserted behind the front pile flanges as the excavation proceeds. They have the planks on their side and our side has the 2x4s. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . Vancouver, BC Generally speaking, if a fence or retaining wall is on your neighbour's side of the property line, then they're responsible for paying for it. Retaining walls can sometimes be complicated and your friend should likely speak with an attorney to be sure of all details. 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. The neighbor verbally agreed to this via texts and I sent quotes via texts. The second and third reasons only apply if the fence needed to be replaced in the first place, but I will touch on them anyway. Our situation is somewhat different then what I have yet read. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? Who Is Responsible For The Retaining Wall On A Property Line? If we cannot agree, can we each build our own choice of fence? She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. Retaining wall responsibility | Legal Advice - LawGuru Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. I text him to have proof and he calls me to answer do I have no write that he agree to go half. Then he said he would come up and build the fence and also move my gate for which I would pay him for and 1/2 the neighbor 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 was barely in escrow when they did fence as soon as I moved in they asked me to pay them 3,000 I told them that was not my responsibility because the house wasnt mine yet. Fight it until the very end! Complete Guide To Retaining Walls and Your Home | Square One Pics and docs of the current properties fencing You can state you will fight them in court. I have offered to help with the labor and split the cost 50/50. 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. It is very good you havent paid anything for it yet. 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. Thanks! Where it is on the property line, they need to get your permission before building it, and should attempt to come to an agreement on the price. There were no fences and the neighborhood kids played freely in the yards from house to house. Yet, since you werent even the homeowner at the time of replacement, I would say in my best judgment that they have no legal standing against you. In order to interpret this building code section correctly, a clear understanding of the following terms is essential: Retained Wall Height is the vertical distance measured from the bottom of the footing to the finish grade at the top of the wall (i.e. Typically constructed of manufactured (i.e. Another goal of this note is to provide policy recommendations for the future development of tree law in California. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. Im in LA county and spoke with a small claims advisor they said that I could sue for half the cost of the job with quotes, but apparently a judge cant order for the consent of the job, but I figure at that point if youve already had to pay you might as well agree to the fix. But calling the cops on me for a one time incident has changed my care free attitude. The fence needs to be repair. I wish they would have just talked to us about going in 50/50 on a new fence. Retaining wall is which neighbor's responsibility in San Francisco, CA 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! 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. and defecate on them. Maybe higher. Neighbor does not want half he wants full amount. 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. It blocks NOTHING in only on their side, which is why they want it done. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. Who is responsible if a retaining wall on or near property lines - Avvo I am on disability and cannot afford to even split the cost really. During these early years, most of the neighborhood had children. Is it his right to put the framed side facing us? 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. 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. She does not want to do it that way. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. Who is Legally Responsible for a Retaining Wall My question involves real estate located in the State of: CA (unincorporated Alameda County) I am the uphill homeowner, my neighbor is the downhill owner. Best to have a survey done. 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). I am sorry I am reading this over and I think I understand your question. 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? I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. 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. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. 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. 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. 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. He was not nice when I went out to talk to him about it. As far as the charging you for cleaning costs, etc. 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. 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 suggest that you not continue the repair until it is determined who is responsible. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. 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. Would have to agree with Potential Customer partly. Well, I wish I could give you better advice but the matter is in your neighbors hands. 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. Since the water is now drawing towards my side of the property. It seems we can not agree. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). 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. Never allowed us to consider disparate bids. 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. 2. As I just stated I would be very hesitant to allow her to build the fence for two reasons. Hes going forward with it and we will get the framed side. width: 50%; There was nothing wrong with previous wood fence it had while home was in escrow. They would then have the law on their side and if they went through the proper steps outlined above, most likely would win a judgment against you. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? 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. 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. 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. She insists I pay half of the new fence. A building permit can usually be issued over the counter when two copies of the following are provided along with a completed permit application: Segmental gravity retaining walls such as Keystone, Allan Block, etc. Good Luck! 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. Many legal problems can arise otherwise. The other option is to get a man you know that is bigger and meaner than him, maybe a brother, friend, cousin, to go confront him and tell him he needs to leave you alone or they will be coming back to pay him another visit. He was not able to remove our fence othe next day, but was able, last minute to come three days later when we were out of town for the day. Now there are two fences that not only a too totally different styles but heights. Our side of the fence with the 2x4s looks ugly and unfinished. 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. Repair vs Replacedue to preference or aesthetic. 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. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. I am not quite sure I fully understand your question. Can I still take him to court. As you might imagine, this is a fairly unusual scenario. Whatever their purpose, retaining walls come in infinite shapes, sizes and styles. I live downhill from a neighboring house which was built after my house. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? 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. Our backyard fence (100) is on or rear neighbors front yard side fence. 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. text messages, etc.) As the wall is next to a footpath lying within the adjoining owners land, ownership of the wall to establish who is liable for the cost of repairs has become an issue. 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. Start out by documenting the current condition of the fence. His tenant dog Kill my dog. Who is Legally Responsible for a Retaining Wall - ExpertLaw We are buying land. 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. Fast forward 30 days the fencing contractor pushes us out to May. I am very sorry to hear about your situation. Eventually, a neighbor moved and sold their house. And her contractor for one year. Home About Us Code 841, but my fear is that after having a letter certified to her, she will either ignore it or refuse after the 30 days. From the way you have explained it, I would predict you are not going to be responsible whatsoever. 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. What recourse do I have? They are extremely weak and the most a customer should expect from them is a few years life. Therefore it seems to me she is trying to rip you off! level backfill only). If they dont listen, then you can inform them you are monitoring and documenting the issue and when the time comes to replace the fence you will not be paying 50% of the costs due to their actions causing the premature failure. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. That neighbor has since moved and a new owner bought the house as a rental property. My husband nailed planks on the fence to cover the 2x4s. Engineering Professional(s) Professional engineers and licensees who are registered or licensed by the . 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. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. Never gave us the opportunity to make a selection that matched our existing fence. There is no splitting costs here as there is not shared structure. The property line shows that the easement belongs to my neighbors parcel. 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. What i am doing after reading your sites info: Can my neighbor legally stop me from replacing the fence until we do a survey? It is not something that NEEDS to be done. 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. Compare. 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. I dont want to get taken to court over this, but my other concern is I am struggling as is, and can no way afford to give our neighbors $3,000 for a fence. again please do not pay him a dime. 2017 Montclair Constructions | Designed by by Web and SEO Guru. We sent the insurance coverage, licenses. 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. That is, if you're talking about retaining wall ideas in your landscape design. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. 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! Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? My neighboring fence completely collapsed during a storm. 13. We didnt do anything about it, as we didnt want to cause problems in our first year here. Who is Responsible for Retaining Wall - ExpertLaw Our properties backup to a small slope. I am currently dealing with a neighbor that is refusing to fix our shared fence. I am a little confused as to your question. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. I did not understand exactly but saw it was the same price and pressure treated, etc. Consequently, when a fence needs repair, both property owners must share the cost. I mentioned it to my neighbor and he does not see anything wrong with the two fences. When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. Do I have to pay for this to be fixed? It was always referred to as their fence, and nobody else could touch it. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. The rest of the fence between our backyards is fine. or Contact us Here. But, our neighbor says that vinyl fence is the cheapest. #gallery-1 img { I do not think this qualifies for a Good neighbor fence. The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. It happens all the time. Legal Question in Real Estate Law in California Who is responsible for a Retaining Wall? He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. In this scenario, would the State law trump the city? That being said I believe if you are set on getting a vinyl fence you have two options. 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! Exposed Wall Height is the vertical distance measured from the finish grade at the bottom of the wall (i.e. The main one being, that they dont benefit from the erection of said 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? Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. Soldier piles retains soil, using vertical steel piles or wooden posts with horizontal lagging. Retaining Wall Code for California for Oakland and San Francisco float: left; I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. 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. Cantilever or segmental gravity retaining walls with an exposed wall height of three feet or less, where the retained soil does not support a surcharge (i.e. First off, the biggest one is if everything you say is correct, there was not a valid reason to replace the fence in the first place. Every state interprets use differently. PDF DESIGN OF RETAINING WALLS - Los Angeles County, California He did. area let me know and Ill go talk to him! 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. Subscribe to our mailing list to get news and discounts. Neighbor Disputes Over Water Damage | Nolo

Andrew Benintendi High School, Does Richard Osman Have Marfan Syndrome, Zillow Houses For Rent Tuscumbia, Al, Verizon Application Status Under Consideration, Which Situation Should Use The Large Solution Safe Configuration?, Articles R