Please let everyone know if you have any ideas as to another route to take. 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. A new fence is going up tomorrow. 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. Except on the front portion which is in my front yard. As far as the charging you for cleaning costs, etc. Property Line and Fence Laws in California - FindLaw All other retaining wall construction will require a separate Building Permit. She is still refusing to do her part. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. Reduce to suit the length of footing. 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. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. We had no say in the decorative fence. Would have to agree with Potential Customer partly. 40 Retaining Wall Ideas That Will Elevate Your Landscaping But calling the cops on me for a one time incident has changed my care free attitude. Also, it would be good to know for the future in case it happens again. A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. Am I still responsible for half? The fence is solely your responsibility. I want to get this done the sooner the better and he has not giving me a response since December 2020. It refers to a fence that uses sandwich construction, i.e. My neighbor replaced our old Good neighbor fence. You must then pay the contractor in full. What options do I have? Yes, your right there is a defense one could present in court to fight the assumption that they owe half. Civ. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Nolo.com. Retaining Walls Retaining walls are frequently used to stabilise and modify slopes, level sites, and correct grade differences between properties. Does it? I built my house many years ago. The sides of our yard are 6 white vinyl. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. Vancouver, BC Generally speaking, if a fence or retaining wall is on your neighbour's side of the property line, then they're responsible for paying for it. I had contacted my neighbor twice that we need to get the fence fix. what about security/privacy?) 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. 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. My fence completely encloses my back garden and is a corner lot. 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 sounds like you own a condo and that it might be a party wall. I informed him that I already have a contractor in place but he was insistent that I use who they subcontract through and ordered me not to proceed any further. Rotting, Warping, Splitting and Twisting Wood and How to Prevent 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. She does not want to do it that way. I think she should pay half. 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. What can we do? When building a tiered set of retaining walls, position the higher wall behind the lower wall at twice the distance as the height of the lower wall. 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. Seems like a stalling tactic to avoid paying for it. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. As long as you have some proof of everything your telling me (i.e. I suggest that you not continue the repair until it is determined who is responsible. If so, can I put up planks on my side, once its built? In the broadest terms a wall on the property line might be shared. Am I correct? 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? Can I still take him to court. Home About Us This definition also applies to freestanding pool walls. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. keeping dogs/ children, etc. PDF IR 16-3: EARTH RETAINING SYSTEMS WITH PRECAST CONCRETE OR - California 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? Retaining wall law | Legal Advice - LawGuru My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence Typically constructed of reinforced concrete masonry units or reinforced concrete stem wall supported on a reinforced concrete footing. Neighbor has constantly harassers me constantly if he sees something touching his fence. What fees must I pay? : 2022121 california civil code 841 retaining wall 2022121 california civil code 841 retaining wall He said that would be nice, as most people do not do that. Without Typically constructed of manufactured (i.e. If you are looking for a contractor in the San Francisco bay area to construct your retaining wall, be sure to contact Montclair Construction. You must pay building, plan check, geotechnical, microfilm, and filing fees. Retaining walls can sometimes be complicated and your friend should likely speak with an attorney to be sure of all details. 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. It just appeared one day. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). The panel sits at about 8-9 ft off the ground. But the legal issues can be as muddy as the mess in your backyard. First off, please whatever you do, do not pay this man a dime. I did not understand exactly but saw it was the same price and pressure treated, etc. Dividing Fences and Retaining Walls - Master Builders WA Your next step is to file a lawsuit against him in small claims! lower soil grade) to the finish grade at the top of the wall (i.e. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. Do not do so! Our situation is different then all the comments I have read. What can I do Im being harassed. You bring up replacement due to aesthetics and upgrading a fence? All the Best. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. 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. What if the adjacent property is an apartment complex? Im looking forward to returning to your website. As I just stated I would be very hesitant to allow her to build the fence for two reasons. My new neighbor just started replacing all his fencing in his backyard. Having said this I do not believe what your neighbor has done is in any way illegal and I must warn you should you take this stance and they go about replacing the fence according to the steps necessary in the CA good neighbor law, then you would likely lose in court. They have their vinyl fence and we have our wooden fence (though not economically sound). That is, if you're talking about retaining wall ideas in your landscape design. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. The fence does not enclose their front yard but is still a neighboring fence. I do not see why you wouldnt be able to do what youre proposing except for the fact that it could bring along with it a lot of issues. I wasnt even the owner when he decided to build the block fence. I had the fence erected entirely on my property. I am sorry I am reading this over and I think I understand your question. The wall design shall be prepared under the general responsible charge of a California registered structural engineer. He has the responsibility to pay for half of a fence between yards. 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. I live on a hill and a fence that is about 30 years old exists between my neighbor and me. 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! 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. In New South Wales, it is illegal to construct a retaining wall over 600mm high from the ground. I will have to replace the rest of the fence to install the gate since I am moving it. that would force him to install another 3 foot rod iron fence on his property. ( 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. Re: Retaining wall law. text messages, etc.) His tenant dog Kill my dog. 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. What happens then? Still proceed to have the fence repaired and then take her to small claims? Is Uphill Neighbor Responsible For A Retaining Wall? (Find Out Now!) The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. 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. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. He also damaged a small two foot retaining wall that serves in that corner of my yard as a decorative feature as well as a way to halt erosion. After I threaten to take him to a small claims court. Lagging consisting of wood, steel or precast concrete panels is inserted behind the front pile flanges as the excavation proceeds. modular concrete units stacked in a running bond pattern without mortar or reinforcement. Repair vs Replacedue to preference or aesthetic.
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