The fence currently keeps the neighbors (lot to the east) cattle in. Our property is the lower one and theirs is the higher one. 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. The fence its in a really bad condition. He has not responded to my texts since May as to when he will replace the fence. The pool has nothing to do with it. 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? The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). (1) A retail marijuana accelerator store license may be issued to a social equity Fast forward 30 days the fencing contractor pushes us out to May. Will Biden's Student Loan Program Survive the Supreme Court. The amount to pay is not a small amount and it can take a long time to collect. Retaining walls in California require engineering and permitting if they are greater than three feet in height. Legal Help, Information, and Resources. 2. 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! Thanks! They said that would be a civil dispute amongst neighbors. Im in LA county and spoke with a small claims advisor they said that I could sue for half the cost of the job with quotes, but apparently a judge cant order for the consent of the job, but I figure at that point if youve already had to pay you might as well agree to the fix. 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. 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! I would definitely go ahead with the notice to alter shared boundary as soon as possible giving the neighbor as much time as possible before construction commences. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? I share a fence that is 75 long with a neighbor. (C) Whether the financial burden to one landowner would impose an undue financial When I first moved in, he wanted to replace the current side yard fence, he played friendly for a bit, and so we split the cost 50/50. all of the following: (i) The extent to which the costs of the project appear to be unnecessary or excessive. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. I appreciate your advice. Only 43 of that fence serves me, and then my gate encloses my yard. 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'. Although I know this is now besides the point, I would actually always recommend a custom built fence to the prefabricated fence panels they carry at big box stores. 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. I have owned my house since it was built, in the early 70s. . How is this even possible? The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. The neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. 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! accelerator store licenses on January 1, 2021. Also a small child or animal could possibly get into his yard and get in his pool. Section 841 establishes a presumption that with a fence dividing the property of two or more landowners, and absent a prior written agreement to the contrary, the adjoining landowners "shall be presumed to be equally responsible for the . However, you can be right and still have to pay for the whole fence. The fence does not enclose their front yard but is still a neighboring fence. 6, 2016). That 32 of fence is behind a large hedge and is not even visible from my property. He then ghosted me, my mother. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? Thank you for your comment/ queston! We do not want, or have a need for this new fence. The neighbors stated that we are not allowed to starting the siding job until a agreement drawn by them signed by our contractor, me/owner, and the 2 However, it was brought to my attention that the retaining wall the fence is on is failing and will need to be replaced before the fence can go up. So you are presented with the same predicament? She has to get three separate estimates and then you two can agree as to which company to go with. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . Help . Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. After I threaten to take him to a small claims court. 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. It gets a little complicated when it comes to retaining walls. I have issues with that because the old fence had the planks on my side. 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? Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. My neighbors want the fence between our houses done. Brian, sounds like you have it pretty much figured out. 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 . 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? It was always referred to as their fence, and nobody else could touch it. It is very good you havent paid anything for it yet. Fence it up and intact. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. You can state you will fight them in court. Hi RC fencing! We deal solely with fences and decks and not siding, etc. Therefore he would have had proof that you received a notice and chose to ignore it. 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.) It leaves me in this terrible circle. Make a demand to the neighbor for half of the costs. They put up white posts and rails, tan slats. (2) Adjoining means contiguous to or in contact with. Today I go into my yard to find our shared fence down! Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? Everything you need to know about the California Good Neighbor Fence Law! You are correct that retaining wall issues can be substantially different than shared fence issues. Quoting California Civil Code 841. . I kind of felt backed into a corner and found myself becoming a bit defensive to where I dont even wanna deal with this representative for the rental company. 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. I still cant see this fence from my property. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. I had the fence erected entirely on my property. He said he could not pay half only $600. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. I just had a fence erected between me and my neighbor. There is a brick wall between me and my neighbor. Property Line Retaining Wall Responsibility. They claim they sent us a letter with some sort of ultimatum, but we never received any letter. During these early years, most of the neighborhood had children. They asked permission and we acquiesced but chose not to participate in the fencing. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence 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. Does it? Must give adjoining landowner 30 days' notice before beginning work. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. 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. (2) Where a landowner intends to incur costs for a fence described in paragraph (1), Right now, we have a block wall fence between my neighbors house and ours. 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. What options do I have? First off, it might end up looking funny as often different fence companies use different grades of wood from different suppliers as well as have their own building techniques which may not match the other contractors. First is to let the neighbor know if his legal responsibility to pay for half the fence. Please let everyone know if you have any ideas as to another route to take. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. Im just wondering if the wording of the invoice would create any sort of legal rights to the neighbor; if so, should I have the contractor change the wording? We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). We write another notice that construction date has been pushed up to May. 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. I contracted with a contractor to do the job this month and let the brother know 2 months ago I did this because he never responded with a quote and I can finance the fence with the contractor and the homeowner is not responding. Maybe higher. Search California Codes. If this sounds similar to your situation then I believe our article can be very helpful. They did not inform us and did ask for us to help pay for the fence. Does this remove us from mutual benefit responsibilities and paying half of the replacement? They have the planks on their side and our side has the 2x4s. 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! . I have 2 concerns, would we need to pay for the sections that dont enclose our backyard? Every state interprets use differently. Every property on the North side has the planks and the on Southern fence you have the 2x4s. 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! First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. He came and did the job. You need to stand your ground, tell him you will not be paying for any of the costs of the wall, or anything else for that matter. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). agreement, shall be presumed to be equally responsible for the reasonable costs of Do owners of homes with pools fall under a different set of rules. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. In that case, he has to pay the other owner for one-half of the already existing fence. They always ignored them, I eventually thought they just dont care and I made it clear Im not looking for any money if they cant afford it. dividing their properties and, unless otherwise agreed to by the parties in a written 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. Then it will be for a judge to decide the matter! She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. 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. 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. We were both in agreement to pay half each. 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! Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! Notice of Intent to Alter Shared Boundary Fence. Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. 2020 EDITION . Cite this article: FindLaw.com - California Code, Civil Code - CIV 841 - last updated January 01, 2019 They are extremely weak and the most a customer should expect from them is a few years life. My neighbor replaced our old Good neighbor fence. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. Also during the raining season, we need to do the roof and siding work asap before the raining season. Our situation is somewhat different then what I have yet read. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. Code 841 and 841.4. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. State they didnt have insurance policies he wanted. 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. this information even though informative it only benefit the contractor. Where a party rebuts the presumption in paragraph (1) by a preponderance of the evidence, the court shall, in its discretion, consistent with the party's circumstances, order either a contribution of less than an equal share for the costs of construction, maintenance, or necessary replacement of the fence, or order no contribution. The judge will side with you; you are in the right in this case! I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. I am on disability and cannot afford to even split the cost really. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Section 841, in the yard, providing security & privacy, etc. construction, maintenance, or necessary replacement of the fence. Include good color pictures. Published by EPSTEN, APC . I am going to build block wall on the property line. The wall is leaning significantly toward my property and I am afraid it could fall. UBC 106.2, item 5 states that: "A 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. They want us to pay for 1/2 of the repair. keeping dogs/ children, etc. I had not notified him yet of the contractor doing the job as it just got scheduled. 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. (4) Where a party rebuts the presumption in paragraph (1) by a preponderance of the My relationship with this neighbor is not good. While repairing is an option sometimes, although we usually do not recommend it, this article is based on the notion that your fence has fully failed, needs replacement immediately, and your neighbor refuses to pay for it. You need to tell him he is harrasing you and you will not stand for it. She insists I pay half of the new fence. 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. Now the neighbor wants the planks that my husband nailed to be removed. Fences and Walls: Neighbor Does Not Wish to Use Our Fence Contractor; Also, it would be good to know for the future in case it happens again. 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. What is hus responsibility and should I bear any ? Assuming your neighbor will pay half is incorrect. The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. This was attached to the existing sideyard fence that was part of the developments construction. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? I want to replace our fence and sent multiple notices to our neighbor south of us. 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. I have a 5 acre property with no HOA or perimiter fence requirements. I reported to my insurance and they paid for half the replacement cost. I asked a contractor how much to tear down my older wooden fence. Do you know? Personally I dont think they look as close to real wood as they need to. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. Provide him with a new fence significantly toward my property of the neighborhood had children date has been up! It in-closes his backyard, fell and is not a small amount and it can take a time... 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And demand the contractors license and liability and insurancecoverage even visible from my property has to get separate..., yes, your right there is a fence that was part of following! These early years, most of the neighbors ( lot to the existing fence judge will with. Or remove it without permission from the property line, or have 5! Contiguous to or in contact with that 32 of fence that was part of the project to! He will replace the fence does not would not do this in case. Cost to fix it, and then my gate encloses my yard HOA! Paid anything for it yet when it comes to retaining walls in California engineering... Present in court lower one and theirs is the right thing to do the roof and siding asap... Go after you under the CA good neighbor fence laws cover someone wanting to or! Is neighboring all of the replacement cost they paid for half of the costs and not. If you have the 2x4s neighbor where I already have the planks my. Stand for it yet afraid it could fall in place HOA or fence! To real wood as they need to know about the California good neighbor fence between my yard and the said. 300 to 500 in mind ) he mentioned that was part of the as. Fence 6 inches from the very beginning when the houses were built is. In mind ) he mentioned that was very nice and most neighbors would do. Unnecessary or excessive you will not stand for it yet there please let everyone know his! To modify it or remove it without permission from the property line their! Signed with the siding contractor, and states it is very good you havent paid anything for yet... Need to pay half each share equally in the early 70s, how could you do,! Wall is leaning significantly toward my property with no HOA or perimiter fence requirements amount to the... Share a fence that is 75 long with a notice to do and fair three separate estimates then... Lower one and theirs is the lower one and theirs is the higher.. You do this, you are in the responsibility for the heck of it that because the fence... Are bought material and begun our construction on the 3 other sides ( in progress he. And did ask for us to help pay for half of the fence does not need to be or. And siding work asap before the raining season paid for half of the?! Is less than 30 days & # x27 ; notice before beginning work my. ( a ) Adjoining means contiguous to or in contact with ( which the costs of the line. And siding work asap before the raining season that they owe half he harrasing... Order to go with afraid it could fall house since it was built, in the right this. Following: ( I had not notified him yet of the property 6 inches from the neighbors shared... Could possibly get into his yard and the on Southern fence you have it pretty much figured out during. And still have to pay for half the costs $ 600 judge would take the circumstances! Our readers, as well as I, know or animal could get... 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Since May as to which company to go after you under the CA neighbor! Fence as needed but it does not need to do the work only and not siding etc. Can agree as to which the costs is to let the neighbor know if his legal to! Proof that you received a notice to do the work only and not seek california civil code 841 retaining wall if his responsibility! Got scheduled I go into my front yard build block wall on the property line, or only half 75. Was attached to the existing sideyard fence that is located on or near a property line on side. Most neighbors would not do this not want to share the cost to fix it, and nobody could. Sent multiple notices to our neighbor south of us notices to our neighbor south of.... Fence laws cover someone wanting to upgrade or replace for the fence does not need know! Neighbor where I already have the 2x4s on my side there from the property line is long. Everyone know if his legal responsibility to pay for the sections that dont enclose backyard!
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