The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). (2) Adjoining means contiguous to or in contact with. 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. What is hus responsibility and should I bear any ? I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. This, as many people know, can be a whole other issue, and information on the collection can be found on your local county court self-help website. 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. 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. If he followed these steps then he could go after you in court and would likely win. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. 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. It blocks NOTHING in only on their side, which is why they want it done. I am not quite sure I fully understand your question. Do we owe anyliability and responsibility to the neighbors? 841. Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. Best to have a survey done. The term good neighbor just refers to the style of the fence. 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. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. Thank you! This is if you dont take the proper steps leading up to the construction of the fence. I know personally, I would never get involved with such a situation! We live on a hillside, so our backyard is 3 stories down. All the Best. 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! Or, I have to ask my neighbors' permission? Redwood trees at top of slope in his his corner hides the fencing in this area. The neighbor paying (if you are not splitting the cost) would have the right to insist that the good side be pointed towards his yard. Thank you for your comment/ queston! Pursuant to Civil Code Section 841.4, a "fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance." Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. All dogs get out. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. Cal. Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. So you are presented with the same predicament? (1) A retail marijuana accelerator store license may be issued to a social equity It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Party Walls. 1. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? As far as the charging you for cleaning costs, etc. They have refused, saying that that dont want us to have free access to their property-we would literally only have to take 4-5 steps on their property to get to our our property under the stairs. 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. (I believe youve already tried this approach and it failed?). Is this situation an exception? However, he wants all the planks on his side while the 2x4s are in my side. I am very sorry to hear about your situation. 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? There hasnt been any communication at all from my neighbor She insists I pay half of the new fence. Published by EPSTEN, APC . 2020 EDITION . 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. He has not responded to my texts since May as to when he will replace the fence. 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. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. Retaining walls in California require engineering and permitting if they are greater than three feet in height. I noticed this when it was almost done. 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. Then once the fence is finished you can go after him for half the costs minus any extra work that was solely for your benefit (the gate). Cite this article: FindLaw.com - California Code, Civil Code - CIV 841 - last updated January 01, 2019 If so, can I put up planks on my side, once its built? 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. Personally I dont think they look as close to real wood as they need to. We deal solely with fences and decks and not siding, etc. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. 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. hardship given that party's financial circumstances as demonstrated by reasonable Then it will be for a judge to decide the matter! 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. The existing fence isnt bad at all. Do they have the right to force us to sign their agreement to allowour work to start? 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. Thank you Jason, I appreciate the advice! 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. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! Retaining Walls & Definitions A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. The California Good Neighbor Fence Law. all of the following: (i) The extent to which the costs of the project appear to be unnecessary or excessive. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. 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. 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. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. 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. Civil Code Section 841. However they want to put a new retaining concrete wall and then put the fence on top. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? Part of California fence law, California Civil Code 841, describes the rights and responsibilities of those who share a fence along a mutual boundary line. Can my neighbor legally stop me from replacing the fence until we do a survey? We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. Section 841, Both property owners own the fence erected between the property lines when both use it. The notice shall include a description of the nature of the problem facing the shared 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. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. | https://codes.findlaw.com/ca/civil-code/civ-sect-841/. Code 841 and 841.4. (b) (1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally . A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. Our backyard fence (100) is on or rear neighbors front yard side fence. for the reasonable costs of construction, maintenance, or necessary replacement of If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. 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. The fence does not enclose their front yard but is still a neighboring fence. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. What if the adjacent property is an apartment complex? We will always provide free access to the current law. to the benefit conferred upon that landowner by the fence in question. (2) Where a landowner intends to incur costs for a fence described in paragraph (1), With an issue such as a retaining wall which was put in place due to an excavation, you should look to California Civil Code Section 832, which governs the adjacent owners right to lateral and subajacent support. Consequently, when a fence needs repair, both property owners must share the cost. I reported to my insurance and they paid for half the replacement cost. The neighbor verbally agreed to this via texts and I sent quotes via texts. https://codes.findlaw.com/ca/civil-code/civ-sect-841/, Read this complete California Code, Civil Code - CIV 841 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting'. At the very least they are very cheap, which would mean an inferior crappy fence that isnt going to last as long as it should! 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! 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 are bought material and begun our construction on the 3 other sides( in progress before he approached me). Each fence on our own respective properties. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for 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 . I am not certain if I have any legal obligation to do anything here. I am willing to fix it but she wants a new fence. I have no idea where your neighbor is getting his information from but it sounds to me like he is trying to take you guys to the cleaners, please whatever you do dont let him do that! It refers to a fence that uses sandwich construction, i.e. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. From the way you have explained it, I would predict you are not going to be responsible whatsoever. for non-profit, educational, and government users. 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. Now the neighbor wants the planks that my husband nailed to be removed. Still, we would have been happy to go 50/50 on a new fence but they did not inform us and did ask for us to help pay for a new fence. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. As long as you have some proof of everything your telling me (i.e. 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. when we started doing the siding work. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. Quoting California Civil Code 841. . what if my dog runs off? (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through . 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. 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