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However, you can be right and still have to pay for the whole fence. The fence falls after he rent it out to another family who as well as me has 3 large dogs. We saved all receipts from the hardware store. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. 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. However, if the neighborhood has a fence around all properties, it really doesnt matter much if the fence is 1 foot over on his yard. Every state interprets use differently. Lateral resistance of each pile: and edge of footing is 1'-6". 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. My fence completely encloses my back garden and is a corner lot. whose property is the retaining wall actually retaining? Does this remove us from mutual benefit responsibilities and paying half of the replacement? What fees must I pay? what about security/privacy?) There are three main definitions: Occupancy: use of the land up to the fence Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. 12. and municipalities are committed to developing vibrant urban forests. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. Neighbor Disputes Over Water Damage | Nolo Usually driven into the material with boring, or rotation and drilling anchors are then expanded at the end of the cable, either by mechanical means or often by injectingcement, which expands to form a bulb in the soil. It is very good you havent paid anything for it yet. I share a fence that is 75 long with a neighbor. The fence is over 25 years old and the entire fence could stand to be replaced. I hope I am understanding your question here correctly?? But calling the cops on me for a one time incident has changed my care free attitude. Which has become an eyesore. Also a small child or animal could possibly get into his yard and get in his pool. lower soil grade) to the finish grade at the top of the wall (i.e. The existing fence isnt bad at all. Who's legal responsibility is the retaining wall?(Los Angeles, CA) - Reddit I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! That neighbor has since moved and a new owner bought the house as a rental property. 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. } Wood retaining walls (with or without a fence) with an exposed wall height of two feet or less, where the retained soil does not support a surcharge (i.e. retaining wall: [noun] a wall that is built to keep the land behind it from sliding. Also, it would be good to know for the future in case it happens again. So now HOA is advising me to serve her with the 30 days notice and if she still refuses to then take her to small claims to have the judge order her to agree to the fence replacement and payment. 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. 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. 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 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. This is simply the exposed wall height and it is for this reason that the Planning, Inspections and Permitting Department interprets UBC 106.2, item 5 as follows: A building permit shall not be required for retaining walls that are not over 3 feet in exposed wall height unless supporting a surcharge . 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)? My relationship with this neighbor is not good. 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. Complete Guide To Retaining Walls and Your Home | Square One I gave them 15 days to accomplish this and also gave my phone number. He does not live in the area. This is if you dont take the proper steps leading up to the construction of the fence. There were 3 major mistakes on his part. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. So you are presented with the same predicament? 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. 200 from either boundary. Your neighbor is on the hook for half of the new fence. So Im in very different situation from any Ive read. 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? #gallery-1 img { My neighbor replaced our old Good neighbor fence. It blocks NOTHING in only on their side, which is why they want it 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. It just appeared one day. My new neighbor just started replacing all his fencing in his backyard. Jim, thank you for the great question. Good luck! Before I can answer your question as to who would be responsible for the retaining wall I need to know the following information: -Whose property if higher up, i.e. Include good color pictures. Hello, My neighbor installed a 6 foot rod iron fence with brick pillars which is about 3 to 4 inches on my property The fence is only about 15 feet long and was installed years ago. I built my house many years ago. 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. PDF CALIFORNIA RETAINING WALL TYPE 7B - DETAILS No. 1 We live on a hillside, so our backyard is 3 stories down. Neighbor and I share a panel/lattice on top fence for most of our shared fencing. Hi we live in a resort area and our neighbor who does not live full time at his home, wants a fence between our yards to keep his dog in, privacy, etc. Check if your spelling is correct, or try removing filters. California's Good Neighbor Fence Law RC Fences and Decks Dispute arising between neighbors over boundary fence? Am I still responsible for half? Our situation is somewhat different then what I have yet read. We cant move forward with the project without the fence removed. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . Bonde v. Bishop, 245 P.2d 617, 621 (Cal. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. I just had a fence erected between me and my neighbor. This height does not include the wall and depth of footing below grade. 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. Well, I wish I could give you better advice but the matter is in your neighbors hands. 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. All the Best. #gallery-1 .gallery-caption { He said he will take me to small claims if I do not pay him. 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. Nat, yes you are correct. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. I still cant see this fence from my property. I live downhill from a neighboring house which was built after my house. I hope the business property has to clean up and replace it. 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. What was the outcome regarding the neighbors trees/vegetation ruining your fence? I have a shared fence with my neighbor and we plan to share the cost of the fence equally. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. Simple as that. 2. I would have appreciated knowing in advance as I have dogs. margin-top: 10px; Pics and docs of the current properties fencing A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. 2017 Montclair Constructions | Designed by by Web and SEO Guru.