in the yard, providing security & privacy, etc. In that case, he has to pay the other owner for one-half of the already existing fence. Anyway, now that I told my story, I want to get your opinion on whether or not I was within my rights (morally and legally), to refuse to pay for a decorative front yard fence that solely compliments his landscape and is not standard in our neighborhood (even though I did end up paying). Thanks! 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. It is entirely visible on their side. whose property is the retaining wall actually retaining? 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. You must then pay the contractor in full. In this scenario, would the State law trump the city? He insists that he could build his side of the wooden fence and our other side if I split the cost with him. The spiders build their webs on the 2x4s and birds perch on the 2x4s. This is if you dont take the proper steps leading up to the construction of the fence. 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. Thank you Jason, I appreciate the advice! The fence currently keeps the neighbors (lot to the east) cattle in. 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. Property Line Retaining Wall Responsibility. Property Lines: 829-835. It was always referred to as their fence, and nobody else could touch it. My gate is set back from the street more than my neighbors. There has never previously had a boundary fence. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Im looking forward to returning to your website. Personally I dont think they look as close to real wood as they need to. (2) The state licensing authority shall begin accepting applications for retail marijuana 858.527.0111 | fax 858.527.1531 . Both property owners own the fence erected between the property lines when both use it. They have the planks on their side and our side has the 2x4s. 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. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? 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. Cite this article: FindLaw.com - California Code, Civil Code - CIV 841 - last updated January 01, 2019 Traffic Accidents: Responsibility For Property Damage On Expressway. Do not do so! There is a fence that runs right through our parcel it is aprox. The fence is old and grey but was being maintained with new planks when needed. This definition also applies to freestanding pool walls. She is still refusing to do her part. In determining whether equal responsibility for the reasonable costs would be unjust, maintenance, or necessary replacement of the fence, or order no contribution. Spite Fence Law: 841.4. Am I still responsible for half? It refers to a fence that uses sandwich construction, i.e. Preliminary Provisions. What happens then? He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. Maybe higher. the court shall consider all of the following: (A) Whether the financial burden to one landowner is substantially disproportionate 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. I am not quite sure I fully understand your question. They asked permission and we acquiesced but chose not to participate in the fencing. 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. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. Theres an easement/driveway between my backyard and my neighbors front yard. 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. (b) (1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be . The California Good Neighbor Fence Law. 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. . Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. I know this is not exactly fair and therefore a situation like this is best handled by sitting down with your neighbor and trying to have a mature constructive conversation. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). If you are in Southern California, RCP Block & Brick has partnered with Keystone to provide pre-engineered segmental block walls up to 6-ft in height. I wasnt even the owner when he decided to build the block fence. My neighbors want the fence between our houses done. There are many reasons disputes may arise between neighbors when it comes to fences. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? This is very true OriginalWally, thank you very much for the information! 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! I am currently dealing with a neighbor that is refusing to fix our shared fence. Definitions and Sources of Law. 841. All rights reserved. Sometimes even a hedge can act as a boundary. There are three main definitions: Occupancy: use of the land up to the fence the boundaries and monuments between them. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. After I threaten to take him to a small claims court. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. Of course, like many laws there are exceptions. If he continues to do so anyway, call the cops. Remember he I have a neighbor that replaced my fence on one side. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. 8 years ago I was worried that my dog would get injured by the new neighbors aggressive bulldog so I suggested we put up a new fence, he said sure as long as I replaced with heavy duty commercial chain link with slats (original is a leaning 42 yr old commercial chain link with broken and missing wood slats). I will have to replace the rest of the fence to install the gate since I am moving it. This has been on going for 3 years. The amount to pay is not a small amount and it can take a long time to collect. 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. 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. 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] Do your neighbors not agree on fixing the fence, what contractor to use, or the price? Which has become an eyesore. Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesnt need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I dont have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). 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. that would force him to install another 3 foot rod iron fence on his property. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? It does not extend the full length of the front yard (only about 15 feet of 45 or so). Civil Code Section 841. I have a fence that is in need of replacement. I am very sorry to hear about your situation. First point I made was that dont want a wooden fence due to the upkeep of it. 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. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. We live on a hillside, so our backyard is 3 stories down. Any advice on how to proceed or deal with this overbearing representative? Never asked for financial help. The wall is leaning significantly toward my property and I am afraid it could fall. (2) Adjoining means contiguous to or in contact with. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. sorry for the crappy neighbor, youd be surprised how common this really is! Your neighbor is on the hook for half of the new fence. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). Location: Pursuant to Civil Code Section 841.4, a "fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance." Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! Do they have the right to force us to sign their agreement to allowour work to start? 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? Is this situation an exception? Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? The second reason was the. maintenance, or necessary replacement of the fence would be unjust. proof. Also, the new fence could not be an unnecessary upgrade from the previous fence. Do we owe anyliability and responsibility to the neighbors? Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. The fence is attached on two sides to my neighbors existing fence. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. He said he could not pay half only $600. 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. 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. Today the homeowner is tearing down a portion of the fence and replacing it with no notice and said he is not replacing the whole fence as we agreed nor my gate. Does this mean both neighbors are responsible for the cost of the retaining wall as well? I stated I was not the owner at the time, but I was willing to pay half. Make a demand to the neighbor for half of the costs. 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. Do I have to pay for this to be fixed? I dont want to get taken to court over this, but my other concern is I am struggling as is, and can no way afford to give our neighbors $3,000 for a fence. Please let everyone know if you have any ideas as to another route to take. Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. Also if you file a small claims suit you can go after him for all your time you spent going after him for the money like the time it took you to go to the courthouse, etc. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through . Section 841, Also during the raining season, we need to do the roof and siding work asap before the raining season. 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! Shouldnt we have a right to easily access our own property? 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. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. If the neighbor has a fence around his house, whether he likes it or not, a court will find that he benefits from the 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. Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. Except on the front portion which is in my front yard. Claiming to only want to speak to said contractor or my brother( union famer but didnt live here) not me or my mother. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. 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. Seems like a stalling tactic to avoid paying for it. or maintenance costs involved to address the problem, the proposed cost sharing approach, As I just stated I would be very hesitant to allow her to build the fence for two reasons. One section however that was falling down was simply wooden boards. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. personal aesthetic, architectural, or other preferences. The neighbors called and threatened to sue us. for court! I told him I would also throw my neighbor a bone. Especially since they are quite a bit more expensive and in theory will last a lifetime. Simply put, the issue is whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility for the Subject Wall. Well, I wish I could give you better advice but the matter is in your neighbors hands. However, he wants all the planks on his side while the 2x4s are in my side. The existing fence isnt bad at all. The only issue that will come into play is the short notice period or your case would be a slam dunk.. Never consulted us. The other option is to get a man you know that is bigger and meaner than him, maybe a brother, friend, cousin, to go confront him and tell him he needs to leave you alone or they will be coming back to pay him another visit. They claim they sent us a letter with some sort of ultimatum, but we never received any letter. Title of the Act. The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. Legal Help for Real Estate Ownership and Title - Fences and Walls: CALIFORNIA We have a bid from a licensed contractor for $1300 to replace the fence and. 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. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. ( Remember, we were never approached about this at all. 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. https://california.public.law/codes/ca_civ_code_section_841. 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. We did not like it. 6, 2016). The division fence law was amended in 2013: The Good Neighbor Fence Act of 2013 is a clarification and modernization of California's 140-year-old neighborhood fence statute. accelerator store licenses on January 1, 2021. What was the outcome regarding the neighbors trees/vegetation ruining your fence? The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. 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. Cal. 15.06.130 Section R404.1.1.1Foundation and retaining walls. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. Can we keep the planks and not remove it? A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. what if my dog runs off? Retaining Walls & Definitions A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. 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. What i am doing after reading your sites info: As far as the charging you for cleaning costs, etc. Join for use: the attachment of another fence to the boundary fence But calling the cops on me for a one time incident has changed my care free attitude. Now in your case it seems that although it was a custom built fence and not prefabricated panels, it was very poorly built and looks terrible? The quotes Ive gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. 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. 1810.4.1.4 Driving Near Cased Concrete. Therefore the law states that this fence is not benefitting your neighbor. Yet, if the yards were already fenced in previously, and if you have other fences connecting to the one in question, you are more than likely going to get a judgment against you for half the cost. I want to get this done the sooner the better and he has not giving me a response since December 2020. order either a contribution of less than an equal share for the costs of construction, To further answer your question as to what constitutes a valid reason to replace the fence in the first place, the fence must absolutely be beyond repair and failing. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. All dogs get out. Good luck! I have offered to help with the labor and split the cost 50/50. Is there anything I can do to stop neighbors from bullying me? I am on disability and cannot afford to even split the cost really. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. Good luck! By Terry Higgins in forum Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 AM. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. No work until 30days after certified letter. And her contractor for one year. 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). We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. There is a rebuttable presumption that can be overcome. Here is the Actual Law for those of you who like reading this sort of stuff CIVIL CODE Section 841, And for those of you who would rather read a laymans description of the California Good Neighbor Fence Law, here goes. Do you know? ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. Can I do half of the fence and they can do half of the fence? I paid for the whole thing and did not ask the neighbor for any help or money. area let me know and Ill go talk to him! How is this even possible? Neighbor does not want half he wants full amount. The Civil Code of the State of California. (See the text of the code below). I share a fence that is 75 long with a neighbor. My neighbor replaced our old Good neighbor fence. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. Search California Codes. Usually in small claims if it is under the max amount in your state (usually around 10-15k). (2) Where a landowner intends to incur costs for a fence described in paragraph (1), He agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. He did not cut the wood to fit the slope setting the first panel adjacent to backyard neighbor fence up off the ground, leaving a large, hollowed out, open area in the slope on my side which now will cause erosion, and I believe failure of the fence when winter comes. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. They are extremely weak and the most a customer should expect from them is a few years life. We didnt do anything about it, as we didnt want to cause problems in our first year here. Each fence on our own respective properties. 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.

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