Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Labor to build a retaining wall costs from $50 to $75 per hour. Then it will be for a judge to decide the matter! sorry for the crappy neighbor, youd be surprised how common this really is! Our properties backup to a small slope. retaining wall: [noun] a wall that is built to keep the land behind it from sliding. 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. 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). Our side of the fence with the 2x4s looks ugly and unfinished. Hope this helps, let me know if you have any more questions! Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. We cant afford the cost for the fence that he wants($14k). I would definitely go ahead with the notice to alter shared boundary as soon as possible giving the neighbor as much time as possible before construction commences. 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. Compare. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. I enjoy what I see, therefore Ive decided to follow you. It blocks NOTHING in only on their side, which is why they want it done. Who is Legally Responsible for a Retaining Wall - ExpertLaw Good luck! I know personally, I would never get involved with such a situation! 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. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. Can I still take him to court. That is, if you're talking about retaining wall ideas in your landscape design. First off, if there was no fence there already you shouldnt have to pay anything, especially if it will not finish enclosing your yard giving you that security benefit. 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. He did. The neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. 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! My relationship with this neighbor is not good. Do you need a French drain on your property? 15 - Retaining Walls | Los Angeles Bureau of Engineering Permit Manuals Are we under any legal obligation to pay him a penny? It sounds like you own a condo and that it might be a party wall. 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. Exposed Wall Height is the vertical distance measured from the finish grade at the bottom of the wall (i.e. If he asks, and you dont want to pay for any of the fence I would just repeat what I have said here, and that should be the end of it! The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). A building permit can usually be issued over the counter when two copies of the following are provided along with a completed permit application: Segmental gravity retaining walls such as Keystone, Allan Block, etc. 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. As far as the charging you for cleaning costs, etc. The wall design shall be prepared under the general responsible charge of a California registered structural engineer. His tenant dog Kill my dog. 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. 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. Start out by documenting the current condition of the fence. #gallery-1 img { Once your neighbor sees that you are suing him for considerably more than half the cost of the fence that you initially requested he will likely want to pay you the initial amount immediately. Who is responsible for a Retaining Wall? | Legal Advice - LawGuru Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. Do I have to pay for this to be fixed? 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. You must then pay the contractor in full. Neighbor wants to upgrade the whole new fence and pay for the whole project. Structure footings supported by the retained soil 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. neighbors. Complete design calculations and details of the retaining system shall be submitted to DSA for review and approval with the contract drawings and specifications. I am very concerned the wall could fall. I just feel like Im trying to be very diplomatic about this but if the neighbor shoots me down or ignores me again my only thought process is to get a surveyor out here and give me the exact property line. I don't agree with Mr. Olden. And approached us in an aggressive and very critical manner. He said that would be nice, as most people do not do that. In New South Wales, it is illegal to construct a retaining wall over 600mm high from the ground. Seemed fair. 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. In other words, it is no longer capable of serving its intended purpose, i.e. Call a minimum of 3 fencing companies, such as. My question involves real estate located in the State of: California. 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 asked a contractor how much to tear down my older wooden fence. But the legal issues can be as muddy as the mess in your backyard. Your neighbor is on the hook for half of the new fence. Join for use: the attachment of another fence to the boundary fence Plot Plan showing the location, extent, and height of the retaining wall in relation to any building structure, pool, property lines and public utility easements. Now we are stuck and the cost is adding everyday to put home on market for sale. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. Labor costs for . No fences. Whos responsible? As long as you have some proof of everything your telling me (i.e. When building a tiered set of retaining walls, position the higher wall behind the lower wall at twice the distance as the height of the lower wall. I appreciate your advice. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence Neighbor Disputes Over Water Damage | Nolo Our situation is somewhat different then what I have yet read. During these early years, most of the neighborhood had children. The good news, you have absolutely nothing to worry about. Brian, sounds like you have it pretty much figured out. 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. 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. He would have had to get at least 3 bids from reputable companies and presented all these to you. Eventually, we could no longer see the fence from our side. 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. Subscribe to our mailing list to get news and discounts. 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. Retaining Wall Code for California for Oakland and San Francisco It is a common misconception by builders, designers, landscape contractors, pool contractors and homeowners that this section of the UBC allows retaining walls of up to 4 feet in exposed wall height to be constructed without a permit, regardless of the back slope conditions. First is to let the neighbor know if his legal responsibility to pay for half the fence. We write another notice that construction date has been pushed up to May. 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). How is this even possible? I am not certain if I have any legal obligation to do anything here. RETAINING WALL DESIGN - egbc.ca ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. If replacement is needed because of improperly planted bamboo and neglected maintenance of plants causing encroached on our property line and has warped and beoke pickets, posts and rails, is cost still split? margin: auto; Am I correct? Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. 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! 12. and municipalities are committed to developing vibrant urban forests. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! I have no idea where your neighbor is getting his information from but it sounds to me like he is trying to take you guys to the cleaners, please whatever you do dont let him do that! Cindy, I am sorry to inform you but your neighbor is correct in this situation. Even more important than that is I believe many contractors would not want to get involved with something such as this due to another company building part of a fence they built, so if there are problems down the road, all of a sudden they might take the blame for another companies poor workmanship. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? The fence is old and grey but was being maintained with new planks when needed. Cantilever or segmental gravity retaining walls with an exposed wall height of three feet or less, where the retained soil does not support a surcharge (i.e. To check your legal obligations and responsibility regarding retaining walls, you should contact the Building Department at your local council office. Without They put up white posts and rails, tan slats. There was nothing wrong with previous wood fence it had while home was in escrow. 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! Sager v. O'Connell :: :: California Court of Appeal Decisions They had a 5 day notice from time of the written letter to the fence being repaired. If you have a retaining wall or are planning to build one, it is important to ensure the structural integrity of the wall. There is no splitting costs here as there is not shared structure. 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. level backfill only) and the wall does not support a solid fence. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? He came and did the job. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. in the yard, providing security & privacy, etc. So you are presented with the same predicament? What recourse do I have? 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. I would send them a letter certified mail with return receipt requested (for proof should you need it down the road) to immediately stop[ all harassment against you, state that you will not be paying them a dime as you were not the homeowner at the time of replacement, and should they wish to take you to court, go ahead! Is it his right to put the framed side facing us? 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 wish they would have just talked to us about going in 50/50 on a new 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. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. You do not absolutely share the cost of the fence. State they didnt have insurance policies he wanted. upper soil grade). Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. There is a rebuttable presumption that can be overcome. My neighbour wants a retaining wall. Who has to pay? 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! He charge me $80 that I paid him because I am tired of being harrassed. What is hus responsibility and should I bear any ? text-align: center; The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Both neighbors are 50% responsible according to the CA Good Neighbor Law. Paying in full and go to court is not a good resolution to this situation. 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). As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. If you have any questions or want an estimate dont hesitate to contact us. We deal solely with fences and decks and not siding, etc. In relation to dividing fences, the Department of Housing and Works has produced an excellent booklet - "Dividing Fences", which can be freely downloaded at www.dhw.wa.gov.au. Allan Block, Earth stone, Keystone, etc.) Redwood trees at top of slope in his his corner hides the fencing in this area. As an example, two tiered retaining walls each with an exposed wall height of 3 feet, and level back fill that are horizontally offset by a distance of 2 feet would be treated as a single 6 foot tall wall and as a result, a building permit would be required. If the retaining wall was a structural requirement of the lot grading . For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. Can she insist on a new fence and I have to pay for half? Retaining walls have to be designed and installed carefully because they shoulder a lot of weight. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. Thank you for your article. The last thing you want is to be fined by city inspectors because you were found to be in violation of building codes. 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. California's Good Neighbor Fence Law RC Fences and Decks Dispute arising between neighbors over boundary fence? I am not quite sure I fully understand your question. Would we lose in small claims court? #gallery-1 { Lastly, the neighbor failed to serve the notice to you. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . 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. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. 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. She does not want to do it that way. I wish I could help you, if you live around the Concord, CA. The cost of rebuilding a retaining wall on appellants' property cannot be held to be equivalent to the cost of restoring respondent's property to its original condition by mere speculation and without some evidence, and the finding of damages is therefore not supported by the evidence. Some homeowners don't like enlisting the help of professionals when building at home, but this isn't the time for that. PDF IR 16-3: EARTH RETAINING SYSTEMS WITH PRECAST CONCRETE OR - California 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. 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. RETAINING WALL Extreme II ELEVATION Extreme I Strength I Service I Q=1.00DC+1.00EV+1.00EH+1.00CT+Td Q=1.00DC+1.00EV+1.00EH+1.00EQD+1.00EQE+Td Q=aDC+BEV+1.50EH+1.75LS+Td Q=1.00DC+1.00EV+1.00EH+1.00LS+Td Anchor Design Load Vehicular Collision Force Soil inertia ignored for stem design Soil and Structure Components Inertia. Contractors and homeowners are usually more aware of the vertical offset between the upper and lower grade elevations that will be required for the retaining wall. 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. Code 841, but my fear is that after having a letter certified to her, she will either ignore it or refuse after the 30 days. The law places responsibility on both parties because both benefit from the fence. We saved all receipts from the hardware store. Do not do so! Notice of Intent to Alter Shared Boundary Fence. When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. They would then have the law on their side and if they went through the proper steps outlined above, most likely would win a judgment against you. This appears to be the pattern on our block. 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. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. 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. When water causes property damage -- flooded basements, collapsing retaining walls, or soggy gardens, for example -- feuds between neighbors often result. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. 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? I have a shared fence with my neighbor and we plan to share the cost of a new fence equally since it collapsed with strong winds a few months ago. Shirley Jean.