retaining wall responsibility california
The lagging effectively resists the load of the retained soil and transfers it to the piles. 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. 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! Therefore the law states that this fence is not benefitting your neighbor. 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. For example, if the lower wall is three-feet . My neighboring fence completely collapsed during a storm. 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. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. I am very concerned the wall could fall. Civ. What was the outcome regarding the neighbors trees/vegetation ruining your fence? The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. The fence its in a really bad condition. I sent a link to a fence I had received an estimate on: This fence was panels with lattice on top from Lowes to replace the falling down fence that was not panels but simply boards but would match the rest of the shared fence. My husband nailed planks on the fence to cover the 2x4s. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. They want us to pay for 1/2 of the repair. He offered to remove our old wooden fence for $600.00. 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. Also a small child or animal could possibly get into his yard and get in his pool. 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. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. Well, I wish I could give you better advice but the matter is in your neighbors hands. I had contacted my neighbor twice that we need to get the fence fix. 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. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. Spoke to the neighbor again, told him I want to move the fence to the property line, first he said fine as long as its a block wall, so we got estimates but that was too much, so then he said we could move my fence to the property line, and then yesterday changed his mind again and said do not remove original fence! 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. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. The new question that arises is if the fence is directly on the property line or on his side what approach do I take to this? Shirley Jean. The fence boards (good side) all face our property, the framing is all on their side. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. 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. Ninety-five percent of Californians live in urban areas. Fast forward 30 days the fencing contractor pushes us out to May. The neighbor verbally agreed to this via texts and I sent quotes via texts. In other words, it is no longer capable of serving its intended purpose, i.e. Thanks for any input. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. 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. No work until 30days after certified letter. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. Despite this, many neighbors will downright refuse to pay a penny towards the costs. I have offered to help with the labor and split the cost 50/50. We have both got estimates that are similar in price. what about security/privacy?) I have issues with that because the old fence had the planks on my side. Retaining walls are a popular landscaping feature, especially for homes sitting on sloped or uneven land. whose property is the retaining wall actually retaining? Anyway, can they sue me for 1/2 the cost of this ? You must pay building, plan check, geotechnical, microfilm, and filing fees. It refers to a fence that uses sandwich construction, i.e. I am not quite sure I fully understand your question. It seems irresponsible to not include other information that might leave you stuck with the bill. The neighbors called and threatened to sue us. 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? I talked to the contractors and they felt bad no notice was given. The other 400ft i f that line of fence is livestock open space fencing. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. this information even though informative it only benefit the contractor. Where it is on the property line, they need to get your permission before building it, and should attempt to come to an agreement on the price. Lastly, the neighbor failed to serve the notice to you. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? Thank you, While you really cant fix the past, what I would do about the future is document the damage caused by the debris (showing the fence areas without trees and debris), and then ask them if theyd like to keep the fence cleaned off monthly, or would they prefer to split the cost of a lawn care service company to come and keep it cleaned off using a leaf blower. I am not certain if I have any legal obligation to do anything here. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! What is hus responsibility and should I bear any ? 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. Hi RC fencing! Personally I dont think they look as close to real wood as they need to. 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. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. My neighbor agreed to pay half the cost of putting in a new fence. 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 have video documentation of the damage . 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. It has to be built tough and allow drainage without giving way. Whether you received it or not, if he lacks proof, it will do him no good in court. Flooding, surface runoff, and even leaking sprinklers can spark disputes between neighbors. Putting up walls can be a good thing. 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. To check your legal obligations and responsibility regarding retaining walls, you should contact the Building Department at your local council office. 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! Labor costs for . The pool has nothing to do with it. I text him to have proof and he calls me to answer do I have no write that he agree to go half. If you have any questions or want an estimate dont hesitate to contact us. Do you need a French drain on your property? Legal Question in Real Estate Law in California Who is responsible for a Retaining Wall? Especially since they are quite a bit more expensive and in theory will last a lifetime. I live on a hill and a fence that is about 30 years old exists between my neighbor and me. Im confident if I contracted any work on the wall he would not allow workers on his property. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. We were both in agreement to pay half each. Fine. Then once the fence is finished you can go after him for half the costs minus any extra work that was solely for your benefit (the gate). keeping dogs/ children, etc. 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. My neighbors have large trees, poor maintenance in vegetation that is against our fence. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! 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. But did not want to go through our contractors. Does this remove us from mutual benefit responsibilities and paying half of the replacement? 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. Nat, yes you are correct. This morning we came to see that the townhouses HOA just took it upon themselves to remove the back wall so now we no longer have a back fence wall! 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! If she fails to respond, you will then go ahead with the construction (just make sure and inform her the days they will be replacing the fence in case she has dogs, etc.) The walls can be designed as cantilever walls, or receive additional lateral support from anchors or bracing. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. In order for the walls to be treated as separate retaining walls, a general rule of thumb is that the tiered walls be horizontally offset by a minimum distance of two times the exposed wall height of the lower wall. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. 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. in the yard, providing security & privacy, etc. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Retaining walls can sometimes be complicated and your friend should likely speak with an attorney to be sure of all details. 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. Is it his right to put the framed side facing us? I told him I would also throw my neighbor a bone. The whole development had to hire their own landscapers to do their front yards. 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 suggest that you not continue the repair until it is determined who is responsible. Call us for a free consultation against one of my trees. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. unless soil passive resistance is included. Hi Annie, thanks for the great question! They asked permission and we acquiesced but chose not to participate in the fencing. neighbors. 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. Right now, we have a block wall fence between my neighbors house and ours. Of course, like many laws there are exceptions. While these panels may look nice on the store shelves, they are made from inferior wood products and generally all the lumber is dimensionally smaller. 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. The fence needs to replace much of it because of the poor maintenance on my neighbors side. 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. 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. The next day, while I was gone, the neighbor came to my wife very agitated and critical, saying, how inconsiderate this was for us to do, how could we, and it was his fence and we were using it and encroaching on his property. 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. I am on disability and cannot afford to even split the cost really. You need professionals to come up with a solid design for the retaining wall and you need them to execute it. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. What i am doing after reading your sites info: upper soil grade). 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. This is the height referred to in UBC 106.2, item 5 and it includes the wall and depth of footing below grade. 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. Our side of the fence with the 2x4s looks ugly and unfinished. Ct . You need to tell him he is harrasing you and you will not stand for it. 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. Your next step is to file a lawsuit against him in small claims! Pics and docs of the current properties fencing You can require or exclude terms using + and -: big +blue drop will require a match on blue while big blue -drop will exclude results that contain drop. Also, it would be good to know for the future in case it happens again. For segmental gravity retaining walls, the detail(s) must clearly identify the block manufacturer; block type, drainage requirements, and maximum wall height. If this sounds similar to your situation then I believe our article can be very helpful. I do not think this qualifies for a Good neighbor fence. Thank you for your comment/ queston! 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. Period. Would have to agree with Potential Customer partly. We do not want, or have a need for this new fence. that would force him to install another 3 foot rod iron fence on his property. Lateral resistance of each pile: and edge of footing is 1'-6". There was nothing wrong with previous wood fence it had while home was in escrow. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. The existing fence isnt bad at all. They claim they sent us a letter with some sort of ultimatum, but we never received any letter. I think she should pay half. There has never previously had a boundary fence. If you cant abide by the rules that make the neighborhood clean and what probably attracted you to purchase in the first place, buy elsewhere! I built my house many years ago. 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! Particularly the location of the wall relative to the boundary. Thank you for your article. Soldier piles retains soil, using vertical steel piles or wooden posts with horizontal lagging. I dont know why she says that. As long as you have some proof of everything your telling me (i.e. If it comes down to it you might need to get a restraining order against him. I had not notified him yet of the contractor doing the job as it just got scheduled. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? I bought a newly built home in 2000. I bought my house last year and my neighbors decide to redo their fence . We are bought material and begun our construction on the 3 other sides( in progress before he approached me). 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). Neighbor has constantly harassers me constantly if he sees something touching his fence. Its an aesthetic preference that she wants a brand new fence. Examples of surcharges are: Can I still take him to court. He insists that he could build his side of the wooden fence and our other side if I split the cost with him.
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