retaining wall responsibility california

First point I made was that dont want a wooden fence due to the upkeep of it. What fees must I pay? The fence falls after he rent it out to another family who as well as me has 3 large dogs. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. #gallery-1 img { We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. Do owners of homes with pools fall under a different set of rules. The neighbors called and threatened to sue us. No work until 30days after certified letter. No, this will not cause any issues whatsoever. 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. If they dont listen, then you can inform them you are monitoring and documenting the issue and when the time comes to replace the fence you will not be paying 50% of the costs due to their actions causing the premature failure. This means he has direct line of sight into my entire front yard, and we can walk into each others side yards if feeling entitled. 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. Ninety-five percent of Californians live in urban areas. 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. "At the basic level, a retaining wall is a structure that holds or retains . If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. You bring up replacement due to aesthetics and upgrading a fence? I will have to replace the rest of the fence to install the gate since I am moving it. A lot of people make the argument that since they dont care if their property has a fence or not, they arent benefiting from the fence. I hope the business property has to clean up and replace it. State they didnt have insurance policies he wanted. Any thoughts not input would be greatly appreciated. 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. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. The panel sits at about 8-9 ft off the ground. Never consulted us. Bonde v. Bishop, 245 P.2d 617, 621 (Cal. We live on a hillside, so our backyard is 3 stories down. 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. neighbors. 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! They have their vinyl fence and we have our wooden fence (though not economically sound). Thank you! Seems like a stalling tactic to avoid paying for it. In summary, I WOULD NOT pay your neighbor a dime, as he not only replaced a fence that didnt need to be replaced in the first place, but he did not follow the proper steps in order to be able to collect half the costs fro0k you via the courts. The neighbor paying (if you are not splitting the cost) would have the right to insist that the good side be pointed towards his yard. In that case, he has to pay the other owner for one-half of the already existing fence. Construction Landing Page Pro Theme by: Rara Theme. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! 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. Our neighbor wants to replace the fence with vinyl fence. You must then pay the contractor in full. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. Best to have a survey done. 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. 200 from either boundary. There is a large high substantial retaining wall holding back higher ground in the ownership of our client which is in poor condition. This guy is very unstable and recently called the cops on me for vandalizing his toyota camary because my sprinkler popped and (lightly) sprayed his cars passenger side, which he berated me for. For example, Keystone limits their Garden Wall (4 high x 12 wide x 9 deep) product to 2 feet in height or six blocks in height total. I noticed this when it was almost done. If you cant abide by the rules that make the neighborhood clean and what probably attracted you to purchase in the first place, buy elsewhere! Theres an easement/driveway between my backyard and my neighbors front yard. Also, the fence was still in decent shape and we hadnt planned on replacing soon. 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)? 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? I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. We didnt do anything about it, as we didnt want to cause problems in our first year here. -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 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. 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! 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. are frequently available from local building supply warehouse stores. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? Cindy, I am sorry to inform you but your neighbor is correct in this situation. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! 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. Reduce to suit the length of footing. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. Civ. Every state interprets use differently. this information even though informative it only benefit the contractor. If you have any questions or want an estimate dont hesitate to contact us. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. 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. Sager v. O'Connell :: :: California Court of Appeal Decisions 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 We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. For segmental gravity retaining walls, the detail(s) must clearly identify the block manufacturer; block type, drainage requirements, and maximum wall height. modular concrete units stacked in a running bond pattern without mortar or reinforcement. Fast forward 30 days the fencing contractor pushes us out to May. Also during the raining season, we need to do the roof and siding work asap before the raining season. (I believe youve already tried this approach and it failed?). If you dont agree to her doing the job, which I would be very wary of and personally would never allow, then she has no choice but to pay for it all herself or you guys use a different contractor. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. Retaining Walls Los Angeles | LA Structural Schedule one of the fence contractors, most likely youll want to choose RC Fences and Decks, due to their superb attention to detail along with their reasonable prices, but keep all of the bids so you can show that the price was reasonable. Retaining wall Definition & Meaning - Merriam-Webster 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? Subscribe to our mailing list to get news and discounts. 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. Which has become an eyesore. 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. Pics and docs of the current properties fencing The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. We both had existing wooden fences, about 12 apart. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! Yes, there are no provisions in the statute to account for one neighbors actions, i.e. Our situation is different then all the comments I have read. I have offered to help with the labor and split the cost 50/50. Practical Uses & Property Aesthetics Seems your neighbor would be reaping the rewards with no out of pocket costs for him. The fence was not leaning and still standing up and was holding up to natural elements such as wind but the neighbor claimed he or his dog could break the planks. Therefore it seems to me she is trying to rip you off! A new fence is going up tomorrow. Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. I would then try once more to collect half the costs from your neighbor (although you dont have to do this) and if she continues to refuse you will proceed with filing the lawsuit. That is, if you're talking about retaining wall ideas in your landscape design. border: 2px solid #cfcfcf; sorry for the crappy neighbor, youd be surprised how common this really is! 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. I have no contract with the men who put up my fence since there both Nccrc union works who pick this up as a side job. Fine. In short, the law says that the lower neighbor "owes" support to the upper/higher neighbor. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. 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). We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. Am I correct? Retaining Wall Permit | County of San Mateo, CA HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. Is this situation an exception? 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. Each fence on our own respective properties. The common law and statute doesn't allow a downhill property from removing lateral support without replacing it. when we started doing the siding work. Now we are stuck and the cost is adding everyday to put home on market for sale. A retaining wall supports the land and is designed from bricks, timber, masonry, concrete bags, or suitable material. who takes overall responsibility for all aspects of the design and field reviews for the Retaining Wall. The term good neighbor just refers to the style of the fence. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. I think it was never our intent to have a fence and continue to advocate for no fence. We saved all receipts from the hardware store. It has to be built tough and allow drainage without giving way. Hes going forward with it and we will get the framed side. -Lastly, and I believe the answer is yes to this but is the retaining wall on the boundary line separating you from your neighbors property? There has never previously had a boundary fence. The other 400ft i f that line of fence is livestock open space fencing. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. I am sorry I am reading this over and I think I understand your question. /* see gallery_shortcode() in wp-includes/media.php */, All These walls above require Building permits. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). The fence its in a really bad condition. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. He set the first two panels on the slope with good side facing him. Yes, that is correct. We like the open space and look. They said that they would give us permission when we asked, to enter their backyard by their stairs on the other side of their house, which would then involve us or workers to have to cross their whole backyard, which is an artificial grass putting green! Another goal of this note is to provide policy recommendations for the future development of tree law in California. whose property is the retaining wall actually retaining? Those people moved out and a new family moved in. The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. All other retaining wall construction will require a separate Building Permit. Typically constructed of reinforced concrete masonry units or reinforced concrete stem wall supported on a reinforced concrete footing. The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. I told him that this was not my fence, and explained the history. My neighboring fence completely collapsed during a storm. Retaining walls are a popular landscaping feature, especially for homes sitting on sloped or uneven land. Never gave us the opportunity to make a selection that matched our existing fence. what about security/privacy?) Jim, thank you for the great question. Good Luck! Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? My fence completely encloses my back garden and is a corner lot. He should have sent the notice to you 30 days prior to the construction of the fence and should have sent it to you certified mail with the return receipt requested. 215-579-9390. They are extremely weak and the most a customer should expect from them is a few years life. It happens all the time. Retaining wall responsibility My neighbors are claiming that an existing retaining wall that is failing is on my property and that I am 100% responsible for it. Thank you for your article. My relationship with this neighbor is not good. Certified letter of intent Our neighbor just built a fence on the property line without any discussion with us that separates our 2 lower side yards, so we now have no access to the area under our side stairs. It seems we can not agree. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. I call upset that he has been pettt by ignoring not just me and my mother but the 2 contractors we tired to hire for this shared fence. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. lower soil grade) to the finish grade at the top of the wall (i.e. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? Whos responsible? If they refuse to pay for half the costs, then Yes you can still take them to small claims court. The rest of the fence between our backyards is fine. What happens then? Assuming your neighbor will pay half is incorrect. 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. 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. The fence is attached on two sides to my neighbors existing fence. So, like many, I have a real A-hole neighbor! We also included a timeline of when we planned on repairing the fence ( that weekend ) and to contact us if there were concerns or wanted to further discuss the cost and/or actions of the repair (included name and number) .We did not give them a 30 day notice however as we have a dog and the fence was completely collapsed (are you suppose to wait 30 days in these situations? Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. This type of question has not been answered since the fence had NOT fallen over and was being maintained but was just not as pretty or strong as when new and so was replaced. We have both got estimates that are similar in price. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. That neighbor has since moved and a new owner bought the house as a rental property. 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. retaining wall: [noun] a wall that is built to keep the land behind it from sliding. He charge me $80 that I paid him because I am tired of being harrassed. Whether the climate is wet or dry, the walls must support the earth. There is a fence that runs right through our parcel it is aprox. I share a fence that is 75 long with a neighbor. text messages, etc.) Retaining-Wall-Design-Guidelines_V1-1_Covers.indd lmf C M Y K CLIeNT bLeeD AD PIC INFO engGeobC th WRITe R PROD DOCKeT LIVe PR FONTS . I want to replace our fence and sent multiple notices to our neighbor south of us. This, as many people know, can be a whole other issue, and information on the collection can be found on your local county court self-help website. They want us to pay for 1/2 of the repair. California's Good Neighbor Fence Law RC Fences and Decks This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . It only benefits them. Retaining walls can sometimes be complicated and your friend should likely speak with an attorney to be sure of all details. The fence boards (good side) all face our property, the framing is all on their side. All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Surcharge is a vertical load imposed on the retained soil that may impose a lateral force in addition to the lateral earth pressure of the retained soil. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? What recourse do I have? keeping dogs/ children, etc. Building a Retaining Wall: 8 Dos and Don'ts - Bob Vila Redwood trees at top of slope in his his corner hides the fencing in this area. I would imagine it will not be built as well as a professional could do, therefore down the road, it will likely fail much sooner! Should you have any questions, please stop by the public counter of the Building permit section of the City Hall. 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). This definition also applies to freestanding pool walls. If and when we need to replace the fence sooner that should have to be, what action should I take since he doesnt seem to comprehend that what he has done is probably illegal. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. She insists I pay half of the new fence. It leaves me in this terrible circle. 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! 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. They asked permission and we acquiesced but chose not to participate in the fencing. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. The law becomes a little unclear in instances such as yours but the major factor which is going to decide who is legally responsible is whether or not you have a fence around any part of your yard that is connected to this fence that he wants you to pay half of to replace? By reading the law it seems like I dont really need his permission to build the fence due to its condition and previous incidents but Im trying to keep the peace. If the retaining wall was a structural requirement of the lot grading . Do we owe anyliability and responsibility to the neighbors? 1.3.2 Retaining Walls 2 1.4 SCOPE OF THE GUIDELINES 5 1.4.1 Retaining Walls Covered In These Guidelines 5 1.4.2 Retaining Walls Not Covered In These Guidelines 6 1.5 APPLICABILITY OF THE GUIDELINES 6 1.6 ACKNOWLEDGEMENTS 6 2.0 ROLES AND RESPONSIBILITIES 7 2.1 COMMON FORMS OF PROJECT ORGANIZATION 7 2.2 RESPONSIBILITIES 7 2.2.1 Owner 7 To keep the peace, we planted shrubs that created a barrier between our lawn and THEIR fence, so nobody can get to their fence from our side. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. He would have had to get at least 3 bids from reputable companies and presented all these to you. For example, if the lower wall is three-feet . In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. If this sounds similar to your situation then I believe our article can be very helpful. That 32 of fence is behind a large hedge and is not even visible from my property. If we cannot agree, can we each build our own choice of fence? I have a 5 acre property with no HOA or perimiter fence requirements. 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. Im 21 year old I have put a little more then 1,400 in this fence (redwood) I told him 800+ was material we can go half on that. My neighbors want the fence between our houses done. PDF CALIFORNIA RETAINING WALL TYPE 5SWBP-DETAILS No. 1 I am not certain if I have any legal obligation to do anything here. However, you can be right and still have to pay for the whole fence. 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! Do you know? If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? I am a little confused as to your question. She is still refusing to do her part. Your neighbor is on the hook for half of the new fence. float: left; Who is Legally Responsible for a Retaining Wall My question involves real estate located in the State of: CA (unincorporated Alameda County) I am the uphill homeowner, my neighbor is the downhill owner. Never asked for financial help. Neighbor Disputes Over Water Damage | Nolo PDF Retaining Wall Stability and Maintenance - Sunshine Coast Regional District Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. I paid for the whole thing and did not ask the neighbor for any help or money. The most common dispute is who will incur the costs and whether or not there should be a shared responsibility due to the equal benefit the fence will have. RETAINING WALL DESIGN - egbc.ca Neighbor has constantly harassers me constantly if he sees something touching his fence. There hasnt been any communication at all from my neighbor 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. Who Is Responsible For The Retaining Wall On A Property Line? My fence completely encloses my back garden and is a corner lot. My neighbor agreed to pay half the cost of putting in a new fence. 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. Who is responsible if a retaining wall on or near property lines - Avvo
Ice Road Trucker Lisa Dies, Why Did Dennis Nedry Turn Off The Fences, Home Birth Videos Full View, Articles R