The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. This applies only if the fence is currently directly on the dividing lot line. 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. Labor costs for . For example, Keystone limits their Garden Wall (4 high x 12 wide x 9 deep) product to 2 feet in height or six blocks in height total. Both neighbors are 50% responsible according to the CA Good Neighbor Law. He has the responsibility to pay for half of a fence between yards. 30 years ago, the original owner of this neighboring house decided to build a 2-to-4 foot retaining wall (30-feet long) at his cost without consulting with me. As far as the charging you for cleaning costs, etc. 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. The quotes Ive gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. Make a demand to the neighbor for half of the costs. This is if you dont take the proper steps leading up to the construction of the fence. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. 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. The rest of the fence between our backyards is fine. This, as many people know, can be a whole other issue, and information on the collection can be found on your local county court self-help website. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! All other retaining wall conditions such as taller walls, tiered walls, and/or walls supporting sloping backfill (or other surcharges) will generally require a building permit. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. Hope this fully answers your question, if you have any further questions please let us know. PDF DESIGN OF RETAINING WALLS - Los Angeles County, California I bought my house last year and my neighbors decide to redo their fence . Were going through a similar situation. 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. keeping dogs/ children, etc. 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. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . Theres an easement/driveway between my backyard and my neighbors front yard. He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. Hi Annie, thanks for the great question! Michael, thanks for the question. 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. 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. My neighbor replaced our old Good neighbor fence. This neighbor is neither very smart or kind, and I just want to be prepared for when he goes apoplectic once a fence is installed, as well as collecting half $$ once he decides to modify what will then be his side. This is due to your neighbor not following the required steps. 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. /* see gallery_shortcode() in wp-includes/media.php */, All These walls above require Building permits. They are extremely weak and the most a customer should expect from them is a few years life. Notice of Intent to Alter Shared Boundary Fence. This has been on going for 3 years. My fence completely encloses my back garden and is a corner lot. We did not like it. Is this situation an exception? 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. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . You need professionals to come up with a solid design for the retaining wall and you need them to execute it. Engineering Professional(s) Professional engineers and licensees who are registered or licensed by the . Since the water is now drawing towards my side of the property. I would have appreciated knowing in advance as I have dogs. All other retaining wall construction will require a separate Building Permit. 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). 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? 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. (I believe youve already tried this approach and it failed?). I just had a fence erected between me and my neighbor. I am very concerned the wall could fall. Based on this minimum footing thickness, a retaining wall with a maximum retained wall height of 4 feet would correspond to maximum exposed wall height of 3 feet. PDF Plann Frequently Asked Questions about: Retaining Walls - Abbotsford The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). Sager v. O'Connell :: :: California Court of Appeal Decisions My husband nailed planks on the fence to cover the 2x4s. I wasnt even the owner when he decided to build the block fence. There hasnt been any communication at all from my neighbor Retaining wall responsibility My neighbors are claiming that an existing retaining wall that is failing is on my property and that I am 100% responsible for it. So your situation depends heavily on who dug into the hill and installed the retaining wall in the first place--your neighbor's predecessor, or yours. 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). -Lastly, and I believe the answer is yes to this but is the retaining wall on the boundary line separating you from your neighbors 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. The main one being, that they dont benefit from the erection of said fence. 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. 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. We wanted to replace it and he said we need 3 bids, my wife worked for months to get 3 bids and when we presented him with these he promptly said he could not afford to replace the fence. 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 . Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. Should you have any questions, please stop by the public counter of the Building permit section of the City Hall. However, you can be right and still have to pay for the whole 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! Neighbor Disputes Over Water Damage | Nolo The fence is leaning and needs to be replaced. You need to tell him he is harrasing you and you will not stand for it. Who's legal responsibility is the retaining wall?(Los Angeles, CA) - Reddit I live downhill from a neighboring house which was built after my house. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. I noticed this when it was almost done. The neighbor verbally agreed to this via texts and I sent quotes via texts. 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! I asked a contractor how much to tear down my older wooden fence. Therefore the law states that this fence is not benefitting your neighbor. The amount to pay is not a small amount and it can take a long time to collect. If he continues to do so anyway, call the cops. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! Each fence on our own respective properties. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. Period. margin: auto; The fence does not enclose their front yard but is still a neighboring fence. Minimum Requirements for Retaining Wall/Level Backfill | Development I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. Can I do half of the fence and they can do half of the fence? My husband wants to put the planks on our side. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. Pr nC-sesooi AgGrnoeDv-2Wdl -d i enuf# R-sngei l i eti aal - egbc.ca
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