I will have to replace the rest of the fence to install the gate since I am moving it. Maybe higher. The fence is about 6 inside our side of the property line and is about 15 feet long, extending from our backyard gate towards the front yard/street. Good luck! Now we are stuck and the cost is adding everyday to put home on market for sale. Well, I wish I could give you better advice but the matter is in your neighbors hands. #gallery-1 .gallery-caption { He insists that he could build his side of the wooden fence and our other side if I split the cost with him. Would have to agree with Potential Customer partly. 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! The pool has nothing to do with it. 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. 30 kip for strength limit states. I hope this answers your question somewhat good luck with your neighbor! Therefore the law states that this fence is not benefitting your neighbor. The neighbor and his fence company will then need to do what any reputable company would do and fix it to make sure both adjoining neighbors are 100% satisfied with the final fence. The panel sits at about 8-9 ft off the ground. Hope this fully answers your question, if you have any further questions please let us know. Simple as that. Therefore it seems to me she is trying to rip you off! Retaining wall law | Legal Advice I don't agree with Mr. Olden. 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. 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. As far as tearing down part of his fence. That is, if you're talking about retaining wall ideas in your landscape design. 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! unless soil passive resistance is included. Who's legal responsibility is the retaining wall?(Los Angeles, CA) - Reddit I still cant see this fence from my property. 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). california civil code 841 retaining wall - handsawpress.com The property line shows that the easement belongs to my neighbors parcel. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? Thanks for any input. Sloping retained soil The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. This is very true OriginalWally, thank you very much for the information! My neighbor just bought the house next to my rental and moved in and want to put up a new fence to replace the existing one. There are three main definitions: Occupancy: use of the land up to the fence My neighbour wants a retaining wall. Who has to pay? We agreed. 215-579-9390. First off, please whatever you do, do not pay this man a dime. The only issue that will come into play is the short notice period or your case would be a slam dunk.. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. The fence is solely your responsibility. This prevents a neighbor from getting only 1 bid (maybe a family member) and going with them despite the fact they might have little experience and be charging an exuberant fee. My neighboring fence completely collapsed during a storm. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! He offered to remove our old wooden fence for $600.00. However our back fence was not vinyl, but an older wooden fence, in some need of repair. As far as the charging you for cleaning costs, etc. 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. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. Personally I dont think they look as close to real wood as they need to. 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. So your situation depends heavily on who dug into the hill and installed the retaining wall in the first place--your neighbor's predecessor, or yours. It has to be built tough and allow drainage without giving way. 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. If she fails to respond, you will then go ahead with the construction (just make sure and inform her the days they will be replacing the fence in case she has dogs, etc.) If the retaining wall was a structural requirement of the lot grading . But did not want to go through our contractors. Do owners of homes with pools fall under a different set of rules. 13. 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? My question involves real estate located in the State of: California. PDF BUILDING PERMIT AND GUARD REQUIREMENTS FOR RETAINING WALLS - Calgary Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. They put up white posts and rails, tan slats. Good Luck! PDF CALIFORNIA RETAINING WALL TYPE 7B - DETAILS No. 1 Both property owners own the fence erected between the property lines when both use it. 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. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. (on their property) We were never asked to pay for any of it. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. 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. Thank you, The term good neighbor just refers to the style of the fence. 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. 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. Our property is the lower one and theirs is the higher one. While you really cant fix the past, what I would do about the future is document the damage caused by the debris (showing the fence areas without trees and debris), and then ask them if theyd like to keep the fence cleaned off monthly, or would they prefer to split the cost of a lawn care service company to come and keep it cleaned off using a leaf blower. Retaining walls can sometimes be complicated and your friend should likely speak with an attorney to be sure of all details. I bought my house last year and my neighbors decide to redo their fence . The fence its in a really bad condition. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. One side of my fence is 630ft of that side 220ft of the fence are a neighbors backyard privacy fence that the builder put in. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence lower soil grade) to the finish grade at the top of the wall (i.e. Property Line and Fence Laws in California - FindLaw My neighbor put up a wooded fence 6 inches from the property line on their side of the property. 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! We are bought material and begun our construction on the 3 other sides( in progress before he approached me). Construction Landing Page Pro Theme by: Rara Theme. Responsibility for Maintaining Retaining Wall - ExpertLaw They have the planks on their side and our side has the 2x4s. 200 from either boundary. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. upper soil grade). in the table. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. Retaining Wall Code for California for Oakland and San Francisco My neighbor replaced our old Good neighbor fence. Reduce to suit the length of footing. Do you know? They told me that as long as I dont pay then Im not allowed to touch their wall at all and they were going to take me to small claims for them to collect what I owed them. What is hus responsibility and should I bear any ? 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. 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. Can I do half of the fence and they can do half of the fence? border: 2px solid #cfcfcf; A week later, I came home to find a for sale sign in his lawn. 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. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? The neighbor has a large tree that pushed against the fence along with an old mattress behind their shed that did not help with the fence integrity. Seems like a stalling tactic to avoid paying for it. 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. My fence completely encloses my back garden and is a corner lot. We are planning on filling our in-ground pool and need a shared fence temporarily removed to allow for pool demolition equipment to enter the backyard. There is a large high substantial retaining wall holding back higher ground in the ownership of our client which is in poor condition. 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. 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)? Once you get three estimates from reputable companies, present them to her, then decide on a fence contractor, and send your neighbor the 30-day notice. I have offered to help with the labor and split the cost 50/50. If you are not satisfied with the final product or it isnt what you had agreed upon prior to it being built, then you should not pay! I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. 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. They had a 5 day notice from time of the written letter to the fence being repaired. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. However, the fence installed has a deep setback, meaning half our lots side yard has new fencing, and the other half has no fencing at all (dont think it ever did). Examples of surcharges are: My neighbor fence between the driveways in California needs to be replaced from wind damage last December. A new fence is going up tomorrow. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. 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. They have their vinyl fence and we have our wooden fence (though not economically sound). Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. We live on a hillside, so our backyard is 3 stories down. He asked us to help pay for the leaning retaining wall between our properties. This is due to your neighbor not following the required steps. A typical cantilever reinforced masonry (or concrete) retaining wall will utilize a footing with a thickness of at least 12 inches. upper soil grade). First off, does she have the expertise to build a fence like a company that specializes in building fences and provides a warranty, which your not going to get with her? Include good color pictures. Am I still responsible for half? Never consulted us. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? So he got one estimate and paid the company and then demanded I pay half. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. 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. The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. I wish I could help you, if you live around the Concord, CA. And her contractor for one year. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. 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. What happens then? There hasnt been any communication at all from my neighbor The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. PDF DESIGN OF RETAINING WALLS - Los Angeles County, California If so, can I put up planks on my side, once its built? I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. Thank you for your article. Fine. If you have any questions or want an estimate dont hesitate to contact us. When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. Who is responsible for a retaining wall? | Practical Law 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. Retaining wall Definition & Meaning - Merriam-Webster We want to remove the fence on our land, so we can access 100% of our land from our entry gate. text-align: center; 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. We saved all receipts from the hardware store. Engineering Professional(s) Professional engineers and licensees who are registered or licensed by the . So, if you have a hillside property, then you are responsible for ensuring that the soil on the slope on your property is effectively restrained with retaining walls. Minimum Requirements for Retaining Wall/Level Backfill | Development Repair vs Replacedue to preference or aesthetic. 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! First point I made was that dont want a wooden fence due to the upkeep of it. The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. Since the water is now drawing towards my side of the property. If you dont approve of this my advice would be to split the cost equally in which you will probably have to agree to alternate panels or build a good neighbor fence.
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