From the way you have explained it, I would predict you are not going to be responsible whatsoever. 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. 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! This was attached to the existing sideyard fence that was part of the developments construction. So he got one estimate and paid the company and then demanded I pay half. Civ. The owner of the property that the retaining wall is located on is responsible for the retaining wall. I would have appreciated knowing in advance as I have dogs. Join for use: the attachment of another fence to the boundary 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. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. Is this situation an exception? For example, if the lower wall is three-feet . Theres an easement/driveway between my backyard and my neighbors front yard. Are we under any legal obligation to pay him a penny? Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. The wall is leaning significantly toward my property and I am afraid it could fall. I am very concerned the wall could fall. } Both property owners own the fence erected between the property lines when both use it. border: 2px solid #cfcfcf; #gallery-1 img { What i am doing after reading your sites info: 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. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. I told him I would also throw my neighbor a bone. The new question that arises is if the fence is directly on the property line or on his side what approach do I take to this? again please do not pay him a dime. So now HOA is advising me to serve her with the 30 days notice and if she still refuses to then take her to small claims to have the judge order her to agree to the fence replacement and payment. I have offered to help with the labor and split the cost 50/50. Am I correct? I just had a fence erected between me and my neighbor. Thanks for any time you spend reading about my situation. It is a common misconception by builders, designers, landscape contractors, pool contractors and homeowners that this section of the UBC allows retaining walls of up to 4 feet in exposed wall height to be constructed without a permit, regardless of the back slope conditions. Shirley Jean. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. Retaining walls are a popular landscaping feature, especially for homes sitting on sloped or uneven land. If so, can I put up planks on my side, once its built? My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. Include good color pictures. The cost of rebuilding a retaining wall on appellants' property cannot be held to be equivalent to the cost of restoring respondent's property to its original condition by mere speculation and without some evidence, and the finding of damages is therefore not supported by the evidence. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. Thanks. text messages, etc.) Our property is the lower one and theirs is the higher one. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. Failure of your wall could lead to landslides or other unfortunate occurrences. He has the responsibility to pay for half of a fence between yards. I Said they should of waited till the house was under my name and I would of helped out. Our situation is somewhat different then what I have yet read. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. I have a 5 acre property with no HOA or perimiter fence requirements. Engineering calculations and associated data; Soils report (if applicable) For detailed plot plan requirements see Building Permit Requirements. Fast forward 30 days the fencing contractor pushes us out to May. Thank you for your comment/ queston! 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. The judge will side with you; you are in the right in this case! If you have any further questions regarding Californias Good Neighbor Fence Law call RC Fences today and we can walk you step by step through the entire process to make sure you dont make any mistakes and risk having to pay the entire cost of your new beautiful fence! My neighboring fence completely collapsed during a storm. Does it? This applies only if the fence is currently directly on the dividing lot line. Brian, sounds like you have it pretty much figured out. 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. Remove quotes around phrases to match each word individually: "blue drop" will match less than blue drop. I gave them 15 days to accomplish this and also gave my phone number. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. Some homeowners don't like enlisting the help of professionals when building at home, but this isn't the time for that. He does not live in the area. A typical cantilever reinforced masonry (or concrete) retaining wall will utilize a footing with a thickness of at least 12 inches. 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). 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. Today I go into my yard to find our shared fence down! 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. The answer is a definite NO She cannot make up the rules and make you agree to her installing the fence while you pay for all the materials. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? My relationship with this neighbor is not good. Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? 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. Now the neighbor wants the planks that my husband nailed to be removed. There is no splitting costs here as there is not shared structure. As far as tearing down part of his fence. Do you need a French drain on your property? It seems irresponsible to not include other information that might leave you stuck with the bill. The walls can be designed as cantilever walls, or receive additional lateral support from anchors or bracing. Our side of the fence with the 2x4s looks ugly and unfinished. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! 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. The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. margin: auto; There better be good reasons other than make my yard look better. The fence needs to be repair. 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. keeping dogs/ children, etc. The fence is solely your responsibility. 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! The existing fence isnt bad at all. Those people moved out and a new family moved in. Then it will be for a judge to decide the matter! They want us to pay for 1/2 of the repair. who takes overall responsibility for all aspects of the design and field reviews for the Retaining Wall. Hope this helps, let me know if you have any more questions! All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence I think it was never our intent to have a fence and continue to advocate for no fence. Also during the raining season, we need to do the roof and siding work asap before the raining season. 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. (I believe youve already tried this approach and it failed?). margin-left: 0; We intend to remove the fence. 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). 2. The fence falls after he rent it out to another family who as well as me has 3 large dogs. Nolo.com. 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. Our left siding wall base are dropped to the two neighbors very end of their backyard. My neighbors have large trees, poor maintenance in vegetation that is against our fence. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. Thank you, Subscribe to our mailing list to get news and discounts. From boundary line disputes, to one of the more common issues, which is the neighbor(s) outright refusal to help pay for the cost of a new fence, maintenance or repairs. What recourse do I have? The fence currently keeps the neighbors (lot to the east) cattle in. Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. If one party refuses to cooperate, the other party can do any of the following: The definition regarding Join for Use is likely going to be a major factor in deciding who is legally responsible to pay. 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. Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. Examples of surcharges are: Then his brother who lives in the house said he would do it and never provided quotes. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. 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. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. Retaining Walls Retaining walls are frequently used to stabilise and modify slopes, level sites, and correct grade differences between properties. A week later, I came home to find a for sale sign in his lawn. Also a small child or animal could possibly get into his yard and get in his pool. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. 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 fence is leaning and needs to be replaced. He said he will take me to small claims if I do not pay him. Remember he I hope this answers your question somewhat good luck with your neighbor! I share a fence that is 75 long with a neighbor. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. 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. In order to do so, he has to place a retaining wall to hold the dirt in place. 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. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? I have 2 concerns, would we need to pay for the sections that dont enclose our backyard?
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retaining wall responsibility california