Regardless of the permit requirements, it is important to follow the manufacturers recommendations for each block type since the allowable wall heights vary significantly for each block type. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. Would you please comment on this: After getting the small claims judgement, and the other party still refuses to pay, get the judgement RECORDED, as it then attaches to the property. Retaining walls are a popular landscaping feature, especially for homes sitting on sloped or uneven land. It is very good you havent paid anything for it yet. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . This has been on going for 3 years. 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 wish they would have just talked to us about going in 50/50 on a new fence. Do you need a French drain on your property? Our properties backup to a small slope. margin-top: 10px; I dont know why she says that. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? } 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. 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.
Retaining Wall Cost: Labor Prices and Material Estimates - Forbes She just moved into the neighborhood in December, but the strong winds we had back in January/February left us both with a collapsed fence. Also a small child or animal could possibly get into his yard and get in his pool. 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. The fence has deteriorated and a section has fallen over. Neighbor wants to replace fallen fence due to construction on his property. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. She is still refusing to do her part. Failure of your wall could lead to landslides or other unfortunate occurrences. Two questions: What was the outcome regarding the neighbors trees/vegetation ruining your fence? It is not something that NEEDS to be done. that would force him to install another 3 foot rod iron fence on his property. As long as you have some proof of everything your telling me (i.e. They have the planks on their side and our side has the 2x4s. I am not quite sure I fully understand your question. I am not certain if I have any legal obligation to do anything here. Start out by documenting the current condition of the fence. text messages, etc.) Shirley Jean. If so, can I put up planks on my side, once its built? All the Best. Fence it up and intact. 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. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. Also during the raining season, we need to do the roof and siding work asap before the raining season.
We need to have some stucco repair to the side of our house in that area and would like to be able to get in there periodically to weed, etc. Make a demand to the neighbor for half of the costs. First off, please whatever you do, do not pay this man a dime. If you are not satisfied with the final product or it isnt what you had agreed upon prior to it being built, then you should not pay! I appreciate your advice. However, he wants all the planks on his side while the 2x4s are in my side. I never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. Once the fence is completed, make payment in full to the contractor, making sure to keep all documents such as invoices, receipts, copies of your check, etc. We intend to remove the fence. Thanks for any input. The main one being, that they dont benefit from the erection of said fence. and defecate on them.
Your Responsibility As A Homeowner: Maintaining Retaining Walls The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. 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 neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. walls and retaining walls supporting more than 6 feet (1.83 m) of backfill height due to design earthquake ground motions Due to the variability in soil properties throughout the County of Los Angeles, the design professional must take care in his or her analysis of basement and site retaining walls. Also, it would be good to know for the future in case it happens again. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. First is to let the neighbor know if his legal responsibility to pay for half the fence. What if the adjacent property is an apartment complex? 200 from either boundary.
Who is responsible for a Retaining Wall? | Legal Advice - LawGuru Well, I wish I could give you better advice but the matter is in your neighbors hands. It seems we can not agree. I appreciate your comment, but you must realize the majority of the time, these cases will be fought in small claims court by neighbors without much legal knowledge or without additional attorneys and the judge will likely follow the letter of the law. Therefore you will need to pay 100% of the costs of replacement!
Who is Legally Responsible for a Retaining Wall - ExpertLaw For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. Now the neighbor wants the planks that my husband nailed to be removed. Our side of the fence with the 2x4s looks ugly and unfinished.
Retaining wall law | Legal Advice - LawGuru Maximum spacing between piles is shown.
california civil code 841 retaining wall - handsawpress.com 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! I have been a general contractor for nearly 20 years, a carpenter longer than this and a construction law attorney for over 10 years and I can recall the uphill neighbor being responsible for a retaining wall on only rare occasions. It sounds like you own a condo and that it might be a party wall. We were gone for a free days, and the contractor had a job cancel, so he asked if he could come early and remove the fence. 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. Can we keep the planks and not remove it? 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. 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. I live on a hill and a fence that is about 30 years old exists between my neighbor and me. text-align: center; This is very true OriginalWally, thank you very much for the information! In order to do so, he has to place a retaining wall to hold the dirt in place. Adjacent vehicle loads supported by the retained soil Solid fences that are attached (or directly adjacent) to a retaining wall also impose additional lateral forces on a retaining wall when wind pressures act on the fence. Construction details, including retaining wall cross section. Secondly, is the fact that she is stating the material are the same costs as the labor; that would be a huge red flag for me. So if the wall was built because your neighbor (when the property was graded) wanted to level his yard he had to replace the lateral support to your property by building a retaining wall. Please let everyone know if you have any ideas as to another route to take. whose property is the retaining wall actually retaining? Do I have to pay for this to be fixed? 30 kip for strength limit states. 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. resolved successfully in California. And approached us in an aggressive and very critical manner. Remove quotes around phrases to match each word individually: "blue drop" will match less than blue drop. Never asked for financial help. margin-left: 0; Your right, the Good Neighbor Law does not cover upgrades or replacing a fence just because it looks bad, yet I will not go into detail regarding this as this information is all clearly stated in the article which you would have known had you fully read it! Thank you! 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. Cindy, I am sorry to inform you but your neighbor is correct in this situation. Now there are two fences that not only a too totally different styles but heights. 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). 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. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. So Im in very different situation from any Ive read. They told me that as long as I dont pay then Im not allowed to touch their wall at all and they were going to take me to small claims for them to collect what I owed them. I hope the business property has to clean up and replace it. She has to get three separate estimates and then you two can agree as to which company to go with. 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. This year the fence is leaning towards our house and part of the fence is on the ground, my wife got 3 bids and has contacted a contractor to build a new fence she sent a letter to the gentleman to tell him we are going to replace the fence and He sent us an e mail and I quote as for sending me a bill for my portion of the fence, since I personaly did not agree to participate in the replacement there for I will not pay anything. 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. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. 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. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half.