I live downhill from a neighboring house which was built after my house. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. If you dont agree to her doing the job, which I would be very wary of and personally would never allow, then she has no choice but to pay for it all herself or you guys use a different contractor. I would have appreciated knowing in advance as I have dogs. Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. 2. Every property on the North side has the planks and the on Southern fence you have the 2x4s. Retaining wall responsibility My neighbors are claiming that an existing retaining wall that is failing is on my property and that I am 100% responsible for it. 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. Labor costs for . 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. But the legal issues can be as muddy as the mess in your backyard. A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. I know personally, I would never get involved with such a situation! Based on this minimum footing thickness, a retaining wall with a maximum retained wall height of 4 feet would correspond to maximum exposed wall height of 3 feet. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. 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. As far as tearing down part of his fence. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. Whether you received it or not, if he lacks proof, it will do him no good in court. sorry for the crappy neighbor, youd be surprised how common this really is! I bought my house last year and my neighbors decide to redo their fence . I am very concerned the wall could fall. Claiming to only want to speak to said contractor or my brother( union famer but didnt live here) not me or my mother. The other 400ft i f that line of fence is livestock open space fencing. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. The fence does not enclose their front yard but is still a neighboring fence. One section however that was falling down was simply wooden boards. He offered to remove our old wooden fence for $600.00. I am on disability and cannot afford to even split the cost really. It happens all the time. 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. Lastly, the neighbor failed to serve the notice to you. 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. The allowable height of walls is stipulated in the Zoning Code. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. ( Remember, we were never approached about this at all. I hope this answers your question somewhat good luck with your neighbor! I am willing to fix it but she wants a new fence. We were both in agreement to pay half each. You can also let them know that their best bet at recouping some of the money would be to go after the previous owner of the house. Our situation is different then all the comments I have read. My neighbor replaced our old Good neighbor fence. We wanted to replace it and he said we need 3 bids, my wife worked for months to get 3 bids and when we presented him with these he promptly said he could not afford to replace the fence. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. If it comes down to it you might need to get a restraining order against him. If there was and the fence is being replaced you would ONLY HAVE TO PAY for the sections that run along your property line and absolutely nothing else. 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. I enjoy what I see, therefore Ive decided to follow you. However they want to put a new retaining concrete wall and then put the fence on top. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! If they bear the cost, its probably not my business; but if we share the cost, is it reasonable for me to ask my neighbor to remove the trees before repairing (or replacing) the fence? Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a few exceptions. Do owners of homes with pools fall under a different set of rules. He does not live in the area. What was the outcome regarding the neighbors trees/vegetation ruining your fence? In fact once you file the small claims suit and he is served most people will end up paying then because they dont want the hassle of going to court and they realize they will likely lose anyway. How do I keep the gap clear or how can I get my neighbor to allow a new fence on the property line (since he has 2 large dogs it cant come down without his participation)? 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. Would you please comment on this: After getting the small claims judgement, and the other party still refuses to pay, get the judgement RECORDED, as it then attaches to the property. The main one being, that they dont benefit from the erection of said fence. Our neighbor just built a fence on the property line without any discussion with us that separates our 2 lower side yards, so we now have no access to the area under our side stairs. The fence its in a really bad condition. They did not inform us and did ask for us to help pay for the fence. Usually in small claims if it is under the max amount in your state (usually around 10-15k). Every state interprets use differently. 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! I told him I would also throw my neighbor a bone. margin-left: 0; You can state you will fight them in court. It gets a little complicated when it comes to retaining walls. Retaining Walls Retaining walls are frequently used to stabilise and modify slopes, level sites, and correct grade differences between properties. Its an aesthetic preference that she wants a brand new fence. Cindy, I am sorry to inform you but your neighbor is correct in this situation. I will have to replace the rest of the fence to install the gate since I am moving it. 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. 2017 Montclair Constructions | Designed by by Web and SEO Guru. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? The whole development had to hire their own landscapers to do their front yards. I do not think this qualifies for a Good neighbor fence. There was nothing wrong with previous wood fence it had while home was in escrow. ( However in our mind that project was 2 to 3 years away as we were already spending more on other priority projects) I noticed this work going on on the last day the contractor was finishing up. This is the height referred to in UBC 106.2, item 5 and it includes the wall and depth of footing below grade. We also included a timeline of when we planned on repairing the fence ( that weekend ) and to contact us if there were concerns or wanted to further discuss the cost and/or actions of the repair (included name and number) .We did not give them a 30 day notice however as we have a dog and the fence was completely collapsed (are you suppose to wait 30 days in these situations? 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! 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. 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. The common law and statute doesn't allow a downhill property from removing lateral support without replacing it. 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. There is a large high substantial retaining wall holding back higher ground in the ownership of our client which is in poor condition. again please do not pay him a dime. 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. 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. Can I do half of the fence and they can do half of the fence? 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. When building a tiered set of retaining walls, position the higher wall behind the lower wall at twice the distance as the height of the lower wall. He has not responded to my texts since May as to when he will replace the fence. Sheets of steel are driven pneumatically in to soft soil in the tight access or flood zones to create an area of excavation, Its Usually deigned by a Structural Engineers, some times including tie backs. A new fence is going up tomorrow. Retaining walls are a popular landscaping feature, especially for homes sitting on sloped or uneven land. 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. You do not absolutely share the cost of the fence. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. Structural Calculations wet stamped and signed by a California registered civil or structural engineer (or standardized engineering calculations and ICBO Evaluation Report for applicable segmental gravity retaining walls). I paid for the whole thing and did not ask the neighbor for any help or money. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. He was not nice when I went out to talk to him about it. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. Also during the raining season, we need to do the roof and siding work asap before the raining season. Compare. Labor to build a retaining wall costs from $50 to $75 per hour. So, like many, I have a real A-hole neighbor! Are we under any legal obligation to pay him a penny? 9. 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. Thank you, The fence is over 25 years old and the entire fence could stand to be replaced. Do I have to pay for this to be fixed? There is no splitting costs here as there is not shared structure. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. Pile group reduction factors are not applied, 40 kip for extreme limit states. There were no fences and the neighborhood kids played freely in the yards from house to house. #gallery-1 .gallery-item { I had contacted my neighbor twice that we need to get the fence fix. 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. We want to remove the fence on our land, so we can access 100% of our land from our entry gate. Certified letter of intent 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! Any tips on how to proceed? If and when we need to replace the fence sooner that should have to be, what action should I take since he doesnt seem to comprehend that what he has done is probably illegal. Now Im waiting for a response but Ive already put down a deposit and the contractor seems like a good guy so Im not completely worried that I cant get my money back. We didnt do anything about it, as we didnt want to cause problems in our first year here. But we do not like the look of vinyl fence. This definition also applies to freestanding pool walls. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. California's Good Neighbor Fence Law RC Fences and Decks Dispute arising between neighbors over boundary fence? 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. Please let us know what better route there is to take, I am sure all our readers as well as I would love to hear all the other options out there! 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). Now we are stuck and the cost is adding everyday to put home on market for sale. The only issue that will come into play is the short notice period or your case would be a slam dunk.. 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. That neighbor has since moved and a new owner bought the house as a rental property. 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. 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! What happens then? The term good neighbor just refers to the style of the fence. Theres an easement/driveway between my backyard and my neighbors front yard. Does it? We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. 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. 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! Can I still take him to court. Many legal problems can arise otherwise. Does this mean both neighbors are responsible for the cost of the retaining wall as well? 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. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. Our backyard fence (100) is on or rear neighbors front yard side fence. 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. 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? Their fence does nothing to secure my property. Eventually, we could no longer see the fence from our side. Hes going forward with it and we will get the framed side. 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. Assuming your neighbor will pay half is incorrect. We do not want, or have a need for this new fence. Would have to agree with Potential Customer partly. Here is a short section of the actual law to better explain what I mean by this: Boundary fences sit on the boundary line between two properties. There is a fence that runs right through our parcel it is aprox. They want us to pay for 1/2 of the repair. Without We asked if we could pay for a gate to be put into the fence at our cost so we could have access to the area. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. They have the planks on their side and our side has the 2x4s. Fine. Then it will be for a judge to decide the matter! As I just stated I would be very hesitant to allow her to build the fence for two reasons. } Call us for a free consultation You need to tell him he is harrasing you and you will not stand for it. What if the adjacent property is an apartment complex? I hope the business property has to clean up and replace it. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence I dont think I see this covered: I share a fence with a neighbor, and they have six 2-story-tall trees (overgrown weeds, really) growing tightly next to each other, just on their side of the fence. #gallery-1 { The fence currently keeps the neighbors (lot to the east) cattle in. Do not do so! Typically, H-piles are drilled or driven at regular intervals along the planned excavation perimeter, cast in to concrete pier hole. Only one of them communicated this to us. 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. This is very true OriginalWally, thank you very much for the information! I have video documentation of the damage . Never allowed us to consider disparate bids. To keep the peace, we planted shrubs that created a barrier between our lawn and THEIR fence, so nobody can get to their fence from our side. 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.
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