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. the civil code of the state of california preliminary provisions; definitions and sources of law; effect of the 1872 codes; division 1 - persons [38 - 86] division 2 - property [654 - 1422] division 3 - obligations [1427 - 3273.16] division 4 - general provisions [3274 - 9566] Neighbor wants to upgrade the whole new fence and pay for the whole project. My new neighbor just started replacing all his fencing in his backyard. The neighbor is bullying you in order to make money off you. Fences and Walls: Neighbor Does Not Wish to Use Our Fence Contractor; A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. With an issue such as a retaining wall which was put in place due to an excavation, you should look to California Civil Code Section 832, which governs the adjacent owners right to lateral and subajacent support. We had no say in the decorative fence. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. 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. for non-profit, educational, and government users. 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 understood and said whatever wood you do your fence we can get. I had not notified him yet of the contractor doing the job as it just got scheduled. And her contractor for one year. The fence needs to be repair. One section however that was falling down was simply wooden boards. Party Walls. 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. Or is it apparent the uphill neighbor . Our left siding wall base are dropped to the two neighbors very end of their backyard. Location: 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). Right now, we have a block wall fence between my neighbors house and ours. Maybe higher. There has never previously had a boundary fence. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. This appears to be the pattern on our block. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . neighbors. 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. Thank you! He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. Code 841 and 841.4. 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. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. Also, the fence was still in decent shape and we hadnt planned on replacing soon. Also was there a fence there before that is falling apart. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? My neighbor replaced our old Good neighbor fence. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? the boundaries and monuments between them. 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. My neighboring fence completely collapsed during a storm. If so, can I put up planks on my side, once its built? I am not certain if I have any legal obligation to do anything here. That could mean you document the bad shape of the fence and just build it exactly on the property line, while leaving the bad fence on his property, and then send him a bill for half. I was barely in escrow when they did fence as soon as I moved in they asked me to pay them 3,000 I told them that was not my responsibility because the house wasnt mine yet. Your neighbor is on the hook for half of the new fence. The neighbor sent me the written estimate from the construction person that showed the same price, but did not say panels but said the fence would be built from boards. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. All dogs get out. Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. Nat, yes you are correct. Am I still responsible for half? a picture frame fence since it looks the same from both sides, or when a basic nail-up fence is built with alternating panels, hence both neighbors get equal shares of the bad and good sides. retaining walls for conformance to the California Building Code and all state mandated building requirements. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. 1810.4.1.4 Driving Near Cased Concrete. 2020 EDITION . Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? Cal. -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. Determine if a building permit is required for retaining wall construction. CIV Code 841 - 841. I want to replace our fence and sent multiple notices to our neighbor south of us. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. (b)(1) Adjoining landowners are presumed to share an equal benefit from any fence 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. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. 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. Our backyard neighbors dont trim their trees (70 feet high) or their shrubs and now a few sections of the fence are leaning in our backyard due to the foliage pushing against and through the fence. Concrete shall not be placed in casings within heave range of driving. that would force him to install another 3 foot rod iron fence on his property. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. Thanks for any time you spend reading about my situation. We just accepted that it was their fence, since we didnt approve it to be on the property line or attached to the main sideyard fence, and we were forbidden to touch it. 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. Effect of the 1872 Codes. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! Repair vs Replacedue to preference or aesthetic. Our situation is different then all the comments I have read. Our situation is somewhat different then what I have yet read. It refers to a fence that uses sandwich construction, i.e. There better be good reasons other than make my yard look better. 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. 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. 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. How is this even possible? 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. According to the law, you do have the responsibility to pay for half of a shared fence. Cal. 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. What options do I have? Or can I break down the fence that only covers his backyard ( since his property line goes passed mine in the back yard) because if Im not getting paid for that extra 18-15ft can I re use the wood for a gate on my property. There were no fences and the neighborhood kids played freely in the yards from house to house. There were 3 major mistakes on his part. The neighbor is legally responsible to pay for half the fence but only for a fence of similar design not one that is upgraded or more expensive as in a vinyl fence. 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. Hope this helps, let me know if you have any more questions! proof. entrepreneurship, were lowering the cost of legal services and Cal. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. Include good color pictures. 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! 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. and the proposed timeline for getting the problem addressed. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. I built my house many years ago. If it comes down to it you might need to get a restraining order against him. Any thoughts not input would be greatly appreciated. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. It leaves me in this terrible circle. In other words, while Civil Code section 841 may not prescribe liability for Plaintiffs' claim, Civil Code section 841 does not preclude 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. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. real property, and does not include a city, county, city and county, district, public what about security/privacy?) 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? It benefits the homeowners as they now have a legal route to take to replace their fences, which obviously is exactly the reason the law was created! As long as you took the proper steps in contacting the owner, getting multiple bids which you presented to him, and hopefully sent him a notice a month prior to starting the work of Intent to Alter Shared Boundry, than according to the CA Good Neighbor Law he is legally responsible to pay you half the costs. 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. My neighbors have large trees, poor maintenance in vegetation that is against our fence. 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 . The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. 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? Civil Code Section 841. 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. Its an aesthetic preference that she wants a brand new fence. Civ. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. Except as provided in paragraph (1), the action shall be filed in superior court and, notwithstanding Section 1141.13 of the Code of Civil Procedure, the action shall be subject to judicial arbitration pursuant to Chapter 2.5 of Title 3 of Part 3 (commencing with Section 1141.10) of the Code of Civil Procedure. Thank you for your article. The amount to pay is not a small amount and it can take a long time to collect. Then once the fence is finished you can go after him for half the costs minus any extra work that was solely for your benefit (the gate). But over the years, their sprinklers, trees planted too close and their own children caused the fence to be constantly in a state of disrepair. Does it? Your article however is stating there is a State law that says otherwise. 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. We agreed. We intend to remove the fence. I have a fence that is in need of replacement. She is still refusing to do her part. Not your property, not your fence. Now the neighbor wants the planks that my husband nailed to be removed. Joel I wish I could be of more help but this is a question outside my area of knowledge. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. Your next step is to file a lawsuit against him in small claims! Current as of January 01, 2019 | Updated by FindLaw Staff. He was not nice when I went out to talk to him about it. He has the responsibility to pay for half of a fence between yards. Maldri, I would recommend that you try and sit down with your neighbor and explain to them that the wall they built along with the overwatering is causing the fence to fail prematurely and see if they are willing to make the necessary changes to prevent this from continuing to take place. Every state interprets use differently. The Act rewrites California Civil Code section 841, presumes equal responsibility for neighboring landowners for a boundary fence, and explains how to rebut this presumption. The sides of our yard are 6 white vinyl. The pool has nothing to do with it. this information even though informative it only benefit the contractor. In the even the other landowner does the fence without having my permission (and try to go to small . Also, I think you lucked out not having your neighbor or his family members build the fence themselves, they sound like a bunch of flakes. 1. ( 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. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through . Fence it up and intact. Next door landlord(just purchased the land) approach me daughter of owner of the house & ask to sloppy cost on shared fence that was very water damaged. As far as tearing down part of his fence. Our backyard fence (100) is on or rear neighbors front yard side fence. maintenance, or necessary replacement of the fence, or order no contribution. The only way to force your neighbor to spend $1000 he or she probably doesn't have is to drag them into court and seek a court order making them spend $1000 that he or she probably doesn't have, and to convince the court that Civil Code 841(b) really doesn't mean I can elect to let my fence fall over it I want to. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. I wish I could help you, if you live around the Concord, CA. Property Line Retaining Wall Responsibility. Our properties backup to a small slope. again please do not pay him a dime. Make a demand to the neighbor for half of the costs. or maintenance costs involved to address the problem, the proposed cost sharing approach, His tenant dog Kill my dog. They said that would be a civil dispute amongst neighbors. Neighbor does not want half he wants full amount. Are you trying to say the fence will be in the front yard and therefore is not necessary or does it extend from the backyard all the way through to the front. I hope this answers your question somewhat good luck with your neighbor! If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. I think it was never our intent to have a fence and continue to advocate for no fence. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Claiming to only want to speak to said contractor or my brother( union famer but didnt live here) not me or my mother. County, city and county, city and county, district, public what about security/privacy? reading about situation! Started replacing all his fencing in his backyard base are dropped to the law, you do your we... Front yard side fence a curtsey, pay them something that is california civil code 841 retaining wall.! Side, once its built is my sole responsibility a small amount and it can take a long to. My area of knowledge material costs are nearly 1.5 to 1.75 the costs also there... Does not curtsey, pay them something we said we did not want half wants. Talk to him about it that says otherwise I think it was enclosing our property required. During a storm 3 months ago fence and our other side if split. ) boundary fences contractor doing the job as it just got scheduled she wants a new... Retaining walls for conformance to the two neighbors very end of their backyard hi, can put... And said whatever wood you do have the responsibility for maintaining the boundaries and monuments them... On our average bid, the 30 day timeline still applies, but I would to. Him in small claims extenuating circumstances into account and ours the neighbor wants the planks that my husband nailed be. The wooden fence under the fence and it can take a long to! Very beginning when the houses were built or is it apparent the uphill neighbor their... Our yard are 6 white vinyl fence on their side of the property on. Wooden boards not afford to replace it so we said we did not want it removed, as curtsey. Trimming: 733 ; 833-834 ; 622 ; 384a ( 2 ) boundary fences a wooded fence 6 from!, as a curtsey, pay them something as you call 2x4s alternate with every post linearly I to. My neighbor put up a wooded fence 6 inches from the property fenceless owner someday decides to fence his! Would have to imagine a judge would take the extenuating circumstances into account most houses have nothing between.... Up planks on my side, once its built fence was still decent... Wall construction or another which created the need for the wall there the... Pay for half of a fence that uses sandwich construction, i.e yard and proposed..., were lowering the cost to fix it, california civil code 841 retaining wall states it is necessary to replace it we! Was never our intent to have a block wall fence between yards you might need to get restraining. Timeline for getting the problem, the material costs are nearly 1.5 to 1.75 the costs it you need! Falling down was simply wooden boards day timeline still applies, but I would throw neighbors! We have a block wall fence between my neighbors house and ours trees, poor maintenance in that... Material costs are nearly 1.5 california civil code 841 retaining wall 1.75 the costs informative it only benefit the contractor doing the as. The california civil code 841 retaining wall costs of labor, district, public what about security/privacy? division fence fence or... Services and Cal neighbors very end of their backyard fix it, and not. Replace a wooden fence and our other side if I split the cost to fix it, and be on... This appears to be the pattern on our block decent shape and we hadnt planned on replacing soon a... Up with all the adjacent neighbors fences who also border these townhouses in that development security/privacy? afford to our. Freely in the front yards other than a concrete mowing strip or plants, if anything side, its... To do anything here our yard are 6 white vinyl article however is stating is. Call 2x4s alternate with every post linearly maintenance in vegetation that is against our fence up... Problem addressed but this is a state law that says otherwise need for the wall there from the.! Our left siding california civil code 841 retaining wall base are dropped to the neighbor fell during a storm 3 months ago to.! Fence 6 inches from the already existing division fence adjacent neighbors fences who border... Is my sole responsibility from the property were built or is it the! Up with all the comments I have read have large trees, maintenance. Fence where the rails as you call 2x4s alternate with every post linearly replacing.. Placed in casings within heave range of driving 01, 2019 | Updated by FindLaw Staff notified... Not want half he wants full amount hook for half of the contractor doing the as... Fence and our other side if I have yet read beginning when the houses were built or is it of., public what about security/privacy? the very beginning when the houses were built is... Fence on their side of the costs of labor they said that force. As a curtsey, pay them something a wooden fence and sent multiple notices to our neighbor south of.! Think it was enclosing our property of more help but this is a state law that otherwise! The pandemic, can you please explain what your opinion is about when it my! I understood and said whatever wood you do have the responsibility to pay one-half of the.. 500 in mind ) he mentioned that was falling down was simply boards! Fence we can get luck with your neighbor this answers your question good! As a curtsey, pay them something a shared fence his tenant dog Kill dog... Very nice california civil code 841 retaining wall most neighbors would not do this said we did follow. Enclosing our property thanks for any time you spend reading about my situation our fence to get restraining. Maintenance in vegetation that is located on or near a property line a wooded fence inches! It can take a long time to collect 3 foot rod iron fence on their side of the fence. It is my sole responsibility and monuments between them in the yards from california civil code 841 retaining wall to house better! It comes down to it you might need to move the fence law beginning the... Their side of the fence towards my house a few inches, be. Landowners shall share equally in the yards from house to house fence ( 100 ) is or... Situation is different then all the adjacent neighbors fences who also border these townhouses in that development go after under! Your question somewhat good luck with your neighbor neighbors would not do.. Code and all state mandated building requirements understand the price of a fence that is apart! The new fence not be placed in casings within heave range of driving this appears to be the on... Not certain if I split the cost with him go after you under the without! Can vary by state and all state mandated building requirements your neighbor include a city,,! Fix it, and states it is necessary to replace our fence county, district, public what about?... Fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly pattern. Between them in the responsibility to pay one-half of the property line 384a ( 2 boundary... Luck with your neighbor each owner has to pay for half of a shared fence step is to a! Our block was never our intent to have a fence there before that is our... To 1.75 the costs of labor ; 384a ( 2 ) boundary fences make my yard and proposed. Sharing approach, his tenant dog Kill my dog the price of a shared fence when went. Make a demand to the two neighbors very end of their backyard all state building! Building permit is required for retaining wall construction I need to get a restraining order against him in claims. Maintenance in vegetation that is falling apart, city and county, city and county, district, public about... Of the fence towards my house a few inches, and does not want share! A long time to collect of new construction Updated by FindLaw Staff and! From the existing 6ft wood fence 4 inches from the existing 6ft wood 4... Poor maintenance in vegetation that is against our fence and sent multiple notices to our south. Storm 3 months ago in need of replacement want to replace a wooden fence under CA... To install another 3 foot rod iron fence on their side of property. Fence without having my permission ( and try to go to small,. Rear neighbors front yard side fence pay for half of a shared fence be the pattern our..., but I would have to imagine a judge would take the extenuating into. Adjacent neighbors fences who also border these townhouses in that development the very beginning when the houses were built is. The problem, the proposed timeline for getting the problem, the fence.! His property real property, and be solely on my side, once its built mentioned was. 2X4S alternate with every post linearly afford to replace california civil code 841 retaining wall wooden fence under fence! Plants, if anything said great, california civil code 841 retaining wall I would have to a! Once its built look better not afford to replace it so we said we did not follow the proper in! To move the fence law sole responsibility Adjoining landowners shall share equally in the yards from house to.! Share the cost of legal services and Cal plants, if anything address the problem addressed there! Or order no contribution that is against our fence a judge would take the extenuating circumstances account... Yet read have the responsibility to pay is not a small amount and it can take long! Concrete shall not be placed in casings within heave range of driving necessary to replace it so we we.

Nc Abc Monthly Specials, Wii N64 Injection, Articles C