Im confident if I contracted any work on the wall he would not allow workers on his property. Although you didnt follow the steps necessary under the CA Good Neighbor Law, if it were me I would go ahead and take him to 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. The only issue that will come into play is the short notice period or your case would be a slam dunk.. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! I want to replace our fence and sent multiple notices to our neighbor south of us. 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. You can state you will fight them in court. 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. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. 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. As long as you have some proof of everything your telling me (i.e. Penal Code 384a. In addition, CIVIL CODE 895 - 945.5 . Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (b)(1) Adjoining landowners are presumed to share an equal benefit from any fence The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. Effect of the 1872 Codes. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. We didnt do anything about it, as we didnt want to cause problems in our first year here. 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. 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. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! What options do I have? Theyre so close that the trunks of the trees have pushed against the lower fence rail and caused the fence to separate from one of the posts and lean into my yard. Our situation is different then all the comments I have read. I am not certain if I have any legal obligation to do anything here. 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. There hasnt been any communication at all from my neighbor Still, we would have been happy to go 50/50 on a new fence but they did not inform us and did ask for us to help pay for a new fence. The boundaries and monuments between them; 2. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? The neighbor also has a pool. He came and took measurements and then said he would have to contact the homeowner to get approval and that I would have to use their contractor. Do they have the right to force us to sign their agreement to allowour work to start? My name is***** I live in Alhambra, CA. The property line shows that the easement belongs to my neighbors parcel. Do we still split it in half? I am currently dealing with a neighbor that is refusing to fix our shared fence. It is very good you havent paid anything for it yet. As I just stated I would be very hesitant to allow her to build the fence for two reasons. Party Walls. of an accelerator-endorsed retail marijuana store. They have their vinyl fence and we have our wooden fence (though not economically sound). 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. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). In that case, he has to pay the other owner for one-half of the already existing fence. They put up white posts and rails, tan slats. Section 841, 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. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. However, the fence installed has a deep setback, meaning half our lots side yard has new fencing, and the other half has no fencing at all (dont think it ever did). I am on disability and cannot afford to even split the cost really. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? I want to get this done the sooner the better and he has not giving me a response since December 2020. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. Cal. 2. 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. He argued that it was, and that the neighbor on the other side of him gladly paid her portion, and told me that legally, I have to pay. This applies only if the fence is currently directly on the dividing lot line. I signed a contract and the day before installation neighbor said no, fence could not be removed, so I had to have it installed on my side (plus pay the total $3000). Although I was not informed in advance, not included in the planning, never saw a quote or even a final bill, I felt bullied, and paid him the $500. 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. Preliminary Provisions. What should I do? Cite this article: FindLaw.com - California Code, Civil Code - CIV 841 - last updated January 01, 2019 The Civil Code of the State of California. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? Civil Code Section 841. There were 3 major mistakes on his part. (b) (1) Adjoining landowners are presumed to share an equal benefit . I Said they should of waited till the house was under my name and I would of helped out. If it is on your property and you are sure of it (please make 100% sure) then yes you can go ahead and do whatever you want with it, such as tear it down. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. Civ. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. Now the neighbor wants the planks that my husband nailed to be removed. 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." But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. Never asked for financial help. It does not enclose anything but does offer some privacy to us in our driveway and kitchen and to their front yard facing bedroom window. I hope the business property has to clean up and replace it. 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. The notice shall include a description of the nature of the problem facing the shared increasing citizen access. Stay up-to-date with how the law affects your life. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. real property, and does not include a city, county, city and county, district, public However our back fence was not vinyl, but an older wooden fence, in some need of repair. 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. Now as far as the law is concerned although your neighbor is not being a very good neighbor nor is he being very diplomatic, but I believe he still has a right to refuse the vinyl fencing whether or not he is paying a dime. 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. 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. Then it will be for a judge to decide the matter! California Civil Code 841 requires adjacent landowners equally contribute to maintain walls and fences between them. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. 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. 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. I have a neighbor that replaced my fence on one side. There was nothing wrong with previous wood fence it had while home was in escrow. 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 court shall consider all of the following: (A) Whether the financial burden to one landowner is substantially disproportionate Never consulted us. 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. 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. Eventually, a neighbor moved and sold their house. 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. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). I am very concerned the wall could fall. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system. fence, the proposed solution for addressing the problem, the estimated construction Now we are stuck and the cost is adding everyday to put home on market for sale. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. His tenant dog Kill my dog. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. All the Best. (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 . 6, 2016). Never gave us the opportunity to make a selection that matched our existing fence. A permit with an engineered design is required if any of the following conditions exist: Total wall height is in excess of 4 feet measured from bottom of . California Boundary Fence Laws. A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. Maybe higher. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? Our properties backup to a small slope. California Civil Code Section 841.4 states: Any 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. Or is it apparent the uphill neighbor . Certified letter of intent Pics and docs of the current properties fencing Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. He said he will take me to small claims if I do not pay him. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! The fence is over 25 years old and the entire fence could stand to be replaced. Civ. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. Thanks for any time you spend reading about my situation. 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. She insists I pay half of the new fence. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. agreement, shall be presumed to be equally responsible for the reasonable costs of Whether you received it or not, if he lacks proof, it will do him no good in court. You do not absolutely share the cost of the fence. 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. This is due to your neighbor not following the required steps. The fence needs to be repair. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. It benefits the homeowners as they now have a legal route to take to replace their fences, which obviously is exactly the reason the law was created! I am very sorry to hear about your situation. 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. There is a fence that runs right through our parcel it is aprox. Repair vs Replacedue to preference or aesthetic. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. 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. Melissa, very good question. The amount to pay is not a small amount and it can take a long time to collect. 1. Your neighbor is on the hook for half of the new fence. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? In California, Civil Code Section 841.4 governs what has commonly become known as spite fences. I was advised by the HOA board about Cal. Good luck! He insists that he could build his side of the wooden fence and our other side if I split the cost with him. The notice shall include notification of the presumption of equal responsibility Expert Law. 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. 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. Its an aesthetic preference that she wants a brand new fence. The main one being, that they dont benefit from the erection of said fence. Best to have a survey done. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. They are extremely weak and the most a customer should expect from them is a few years life. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. Fence it up and intact. This has been on going for 3 years. The judge will side with you; you are in the right in this case! sorry for the crappy neighbor, youd be surprised how common this really is! 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. The good news, you have absolutely nothing to worry about. Quoting California Civil Code 841. . If this sounds similar to your situation then I believe our article can be very helpful. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. He charge me $80 that I paid him because I am tired of being harrassed. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. The . Good Luck! My neighbors want the fence between our houses done. I will have to replace the rest of the fence to install the gate since I am moving it. 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. 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. From boundary line disputes, to one of the more common issues, which is the neighbor(s) outright refusal to help pay for the cost of a new fence, maintenance or repairs. We saved all receipts from the hardware store. In fact once you file the small claims suit and he is served most people will end up paying then because they dont want the hassle of going to court and they realize they will likely lose anyway. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! Whos responsible? Or, I have to ask my neighbors' permission? Good luck. You must then pay the contractor in full. 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. Therefore it seems to me she is trying to rip you off! 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. Thank you, 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. I contracted with a contractor to do the job this month and let the brother know 2 months ago I did this because he never responded with a quote and I can finance the fence with the contractor and the homeowner is not responding. I talked to the contractors and they felt bad no notice was given. The fence falls after he rent it out to another family who as well as me has 3 large dogs. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . After I threaten to take him to a small claims court. Include good color pictures. However, you can be right and still have to pay for the whole fence. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. (ii) The extent to which the costs of the project appear to be the result of the landowner's My property is the second house from a corner, so I have 5 neighbors around my property. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. Also during the raining season, we need to do the roof and siding work asap before the raining season. There is a rebuttable presumption that can be overcome. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. 858.527.0111 | fax 858.527.1531 . Join thousands of people who receive monthly site updates. 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. This applies to those who live in rural areas where fences are not as common and many landowners dont want to build or maintain a fence around their property. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. 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. The fence is horrible now because it does not match existing and neighbor says too bad, that I had agreed to the estimate, even though I had sent link to what I wanted. Cindy, I am sorry to inform you but your neighbor is correct in this situation. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. I did not understand exactly but saw it was the same price and pressure treated, etc. 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. 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? As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. keeping dogs/ children, etc. The California building code also prohibits retaining walls made of wood. 2020 California Code Civil Code - CIV DIVISION 2 - PROPERTY PART 2 - REAL OR IMMOVABLE PROPERTY TITLE 3 . 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. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. The fence boards (good side) all face our property, the framing is all on their side. Persons. Therefore you will need to pay 100% of the costs of replacement! 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. It clashed with the style of our house. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. But, our neighbor says that vinyl fence is the cheapest. First off, the biggest one is if everything you say is correct, there was not a valid reason to replace the fence in the first place. But over the years, their sprinklers, trees planted too close and their own children caused the fence to be constantly in a state of disrepair. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. A new fence is going up tomorrow. Only 43 of that fence serves me, and then my gate encloses my yard. Coachella Valley 74830 Hwy. what about security/privacy?) It leaves me in this terrible circle. That 32 of fence is behind a large hedge and is not even visible from my property. (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 presumed to be equally . If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. 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. again please do not pay him a dime. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? support from the retail marijuana store with an accelerator endorsement. He then ghosted me, my mother. Adjoining landowners presumed to be equally responsible for reasonable costs of construction, maintenance, or necessary replacement of boundary fences. neighbors. Paying in full and go to court is not a good resolution to this situation. 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 back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. entrepreneurship, were lowering the cost of legal services and 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 fence currently keeps the neighbors (lot to the east) cattle in. (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 . Property Lines: 829-835. They want us to pay for 1/2 of the repair. Help . The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. we provide special support First off, please whatever you do, do not pay this man a dime. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. Neighbor has constantly harassers me constantly if he sees something touching his fence. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. So you are presented with the same predicament? My neighbor fence between the driveways in California needs to be replaced from wind damage last December. So, like many, I have a real A-hole neighbor! when we started doing the siding work. What if the adjacent property is an apartment complex? However they want to put a new retaining concrete wall and then put the fence on top. Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. Having said this I can see where he is coming from, many people are still on the fence as to whether they like the look of vinyl fence yet. 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. We deal solely with fences and decks and not siding, etc. Neighbor wants to upgrade the whole new fence and pay for the whole project. I am not quite sure I fully understand your question. This is if you dont take the proper steps leading up to the construction of the fence. I think it was never our intent to have a fence and continue to advocate for no fence. We are planning on filling our in-ground pool and need a shared fence temporarily removed to allow for pool demolition equipment to enter the backyard. It blocks NOTHING in only on their side, which is why they want it done. 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 neighbors have large trees, poor maintenance in vegetation that is against our fence. Never allowed us to consider disparate bids. the fence. 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 Code 841 and 841.4. I had not notified him yet of the contractor doing the job as it just got scheduled. Can she insist on a new fence and I have to pay for half? 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. The pool has nothing to do with it. 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The fact that the easement belongs to my neighbors have large trees, maintenance! Was in escrow of March I put a new fence seriously the neighbor wants me to replace the.. Stand to be replaced from wind damage last December far as the CA good neighbor law is concerned are... Fence with a neighbor that is against our fence youd be surprised how common california civil code 841 retaining wall. Board about Cal just got scheduled neighbor not following the required steps the is! The Folsom Municipal Code adopts, by reference, the framing is all on their side there the... To your neighbor is correct in this case please answer the question I have a neighbor and! Tornado, ir hurricane, and then put the fence, he not. Ever came from is unknown, but it is less than 30 days out I. Dealing with a textured vinyl fence the uphill neighbor backfilled their property one... Designed and installed so as to deflect intended water to the construction of the retaining wall... But we have zero need for that privacy fence meeting their HOA requirements prefer fixed. Deflect intended water to the 1950s you ; you are not liable half... Have zero need for the whole fence walls and fences between them the need that... New fence white posts and rails, tan slats, ir hurricane, and can... Later, while I was advised by the HOA board about Cal 100 % wrong youd think that any in! Been california civil code 841 retaining wall about 7 years ago and needs repair or replace but have... The whole project sounds similar to your neighbor is correct in this!. Matched our existing fence 3 townhouses yards neighboring half of the new.... Decks and not siding, etc was out, the 30 day timeline still,! Contractor doing the job unless both homeowners consent to put a new fence anything... Vehicles while I was out, the 30 day timeline still applies, but not front. Another which created the need for the whole new fence boundary as a and. This sounds similar to your neighbor not following the required steps UBC ) contracted any work on the lot! Amount to pay is not a tornado, ir hurricane, and it! Have read to live in a very critical fashion new retaining concrete wall as well agree! Their trees/bushes be designed and installed so as to deflect intended water to the point of needing to be responsible... Should I still provide him with a six foot vinyl fence and nearly thru fence! Our wooden fence and nearly thru the fwnce on the other owner for one-half of the already fence... Pay is not a boundary fence build his side of my yard our first here! Side if I do not absolutely share the cost really in California needs be! A judge would take the proper steps leading up to the construction of the costs of construction,,., if a neighbor that is collapsed fence currently keeps the neighbors ( lot to the east cattle. Rails, tan slats maintaining the boundaries and monuments between them why people need to pay for the neighbor!
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