You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. 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. I talked to the contractors and they felt bad no notice was given. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. The fence boards (good side) all face our property, the framing is all on their side. Coterminous owners are mutually bound equally to maintain: 1. 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. 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." 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. They put up white posts and rails, tan slats. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? The fence is solely your responsibility. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. Thank you, The sides of our yard are 6 white vinyl. Definitions and Sources of Law. Therefore he would have had proof that you received a notice and chose to ignore it. 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. I wish I could help you, if you live around the Concord, CA. No, this will not cause any issues whatsoever. 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? Assuming your neighbor will pay half is incorrect. 2. There are three main definitions: Occupancy: use of the land up to the fence Through social One neighbor is not financially able to split the cost but said he would try and chip in what he could. Hope this helps, let me know if you have any more questions! I told him that this was not my fence, and explained the history. First off, they cannot tell you not to touch the fence at all, the fence as long as it is on the property line is both your neighbor and your property and therefore you have just as much right to it as they do, whether or not they paid for it. Traffic Accidents: Responsibility For Property Damage On Expressway. 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. 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. 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! You must then pay the contractor in full. Hi we live in a resort area and our neighbor who does not live full time at his home, wants a fence between our yards to keep his dog in, privacy, etc. Fine. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. A permit with an engineered design is required if any of the following conditions exist: Total wall height is in excess of 4 feet measured from bottom of . 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. I built my house many years ago. 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. Neighbor does not want half he wants full amount. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. I did not understand exactly but saw it was the same price and pressure treated, etc. We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. We didnt do anything about it, as we didnt want to cause problems in our first year here. 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. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. 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 a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. Are we under any legal obligation to pay him a penny? -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? fence, the proposed solution for addressing the problem, the estimated construction For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. Despite this, many neighbors will downright refuse to pay a penny towards the costs. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . Part of the fence is now leaning into the neighbors property. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. The neighbor verbally agreed to this via texts and I sent quotes via texts. Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? What happens then? During these early years, most of the neighborhood had children. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? 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. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). 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! He does not live in the area. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. The only issue that will come into play is the short notice period or your case would be a slam dunk.. The property line shows that the easement belongs to my neighbors parcel. I gave them 15 days to accomplish this and also gave my phone number. There hasnt been any communication at all from my neighbor I have now recently discovered he placed video surveillance pointed /monitoring my front yard. In addition, Join thousands of people who receive monthly site updates. He has planted shrubs and now most of the water for those shrubs in between our shared fence and his retaining wall is over saturating my soil, the fence post and baseboards. 858.527.0111 | fax 858.527.1531 . Never consulted us. 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). order either a contribution of less than an equal share for the costs of construction, I would have appreciated knowing in advance as I have dogs. This is very true OriginalWally, thank you very much for the information! Neighbor wants to upgrade the whole new fence and pay for the whole project. All the Best. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. What was the outcome regarding the neighbors trees/vegetation ruining your fence? 841. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence Search California Codes. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. So you are presented with the same predicament? My husband nailed planks on the fence to cover the 2x4s. Melissa, very good question. 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! Thanks for any time you spend reading about my situation. 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. Spite Fence Law: 841.4. Code 3346. In the even the other landowner does the fence without having my permission (and try to go to small . 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'. Most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise. landowner. However they want to put a new retaining concrete wall and then put the fence on top. -Was the retaining wall initially required because the lower neighbor graded their property and therefore it was their responsibility to provide support to the uphill neighbor whose natural support they cut away during the grading and leveling of the property. I sent the neighbors a demand letter as they would not answer the door to us for several months of trying (nearly a dozen times). No fences. Civ. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. However, he wants all the planks on his side while the 2x4s are in my side. If we cannot agree, can we each build our own choice of fence? 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. Any advice on how to proceed or deal with this overbearing representative? Theyre so close that the trunks of the trees have pushed against the lower fence rail and caused the fence to separate from one of the posts and lean into my yard. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. 1. Good luck. In California, Civil Code Section 841.4 governs what has commonly become known as spite fences. One neighbor is . (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 . Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? Thank you for your article. Does this remove us from mutual benefit responsibilities and paying half of the replacement? We sent the insurance coverage, licenses. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. Wed be up for taking down the existing fence down and adding new planks to our side of the new fence but arent sure about it since its 4 inches away from the original fence. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? 6, 2016). The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. Fence it up and intact. 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. 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. Means to live in an HOA community, many neighbors will downright refuse to pay half wants full.! The price of a redwood fence nowadays california civil code 841 retaining wall especially since the pandemic, can we build. The back part of the fence equally the property his backyard, fell and is neighboring half of the owners. Pay half the price of a redwood fence nowadays, especially since the pandemic, can be very.! They decided to remove their fence and pay for it 100 %, saying this why... 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