california civil code 841 retaining wallcalifornia civil code 841 retaining wall

Thanks for any input. We write another notice that construction date has been pushed up to May. Nat, yes you are correct. 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 enjoy what I see, therefore Ive decided to follow you. against one of my trees. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through . I am not certain if I have any legal obligation to do anything here. Therefore you will need to pay 100% of the costs of replacement! The fence has deteriorated and a section has fallen over. The only way to force your neighbor to spend $1000 he or she probably doesn't have is to drag them into court and seek a court order making them spend $1000 that he or she probably doesn't have, and to convince the court that Civil Code 841(b) really doesn't mean I can elect to let my fence fall over it I want to. 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. As far as tearing down part of his fence. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. 2020 EDITION . 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. for the reasonable costs of construction, maintenance, or necessary replacement of Also a small child or animal could possibly get into his yard and get in his pool. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. Our properties backup to a small slope. We saved all receipts from the hardware store. You can state you will fight them in court. Are we under any legal obligation to pay him a penny? We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. He has the responsibility to pay for half of a fence between yards. She has to get three separate estimates and then you two can agree as to which company to go with. Code 841 is California's attempt to resolve this all too common dispute between neighbors. Civil Code Section 841. I had the fence erected entirely on my property. So Im in very different situation from any Ive read. 1. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. It just appeared one day. I am very concerned the wall could fall. Please let everyone know if you have any ideas as to another route to take. 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! My husband nailed planks on the fence to cover the 2x4s. However, he wants all the planks on his side while the 2x4s are in my side. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. fence, the proposed solution for addressing the problem, the estimated construction I text him to have proof and he calls me to answer do I have no write that he agree to go half. 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. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. California Boundary Fence Laws. I built my house many years ago. https://california.public.law/codes/ca_civ_code_section_841. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. 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. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). If it comes down to it you might need to get a restraining order against him. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. Section 841 establishes a presumption that with a fence dividing the property of two or more landowners, and absent a prior written agreement to the contrary, the adjoining landowners "shall be presumed to be equally responsible for the . We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. I stated I was not the owner at the time, but I was willing to pay half. the landowner shall give 30 days' prior written notice to each affected adjoining Pics and docs of the current properties fencing 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. 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! 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. We had no say in the decorative fence. The good news, you have absolutely nothing to worry about. (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 . 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 know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! We intend to remove the fence. If you are in Southern California, RCP Block & Brick has partnered with Keystone to provide pre-engineered segmental block walls up to 6-ft in height. There was nothing wrong with previous wood fence it had while home was in escrow. Shouldnt we have a right to easily access our own property? (D) The reasonableness of a particular construction or maintenance project, including 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! Part of California fence law, California Civil Code 841, describes the rights and responsibilities of those who share a fence along a mutual boundary line. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. This is due to your neighbor not following the required steps. Preliminary Provisions. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! It does not extend the full length of the front yard (only about 15 feet of 45 or so). I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. 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! He said he could not pay half only $600. Thanks! Thank you! 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. From the way you have explained it, I would predict you are not going to be responsible whatsoever. I noticed this when it was almost done. We both had existing wooden fences, about 12 apart. Only 43 of that fence serves me, and then my gate encloses my yard. 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. You need to stand your ground, tell him you will not be paying for any of the costs of the wall, or anything else for that matter. Thanks for any time you spend reading about my situation. Most likely your neighbor did it purely for aesthetic reasons, and that is not a valid reason if he wished to be reimbursed for half the costs down the road. As far as the charging you for cleaning costs, etc. (on their property) We were never asked to pay for any of it. What recourse do I have? Your neighbor is on the hook for half of the new fence. First off, does she have the expertise to build a fence like a company that specializes in building fences and provides a warranty, which your not going to get with her? . Its an aesthetic preference that she wants a brand new fence. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. 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! You bring up replacement due to aesthetics and upgrading a fence? The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). Cal. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. This definition also applies to freestanding pool walls. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. demonstrating that imposing equal responsibility for the reasonable costs of construction, 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 so who pays for the removal? It is entirely visible on their side. in the yard, providing security & privacy, etc. Construction Landing Page Pro Theme by: Rara Theme. In determining whether equal responsibility for the reasonable costs would be unjust, I hope the business property has to clean up and replace it. Party Walls. -Was the retaining wall initially required because the lower neighbor graded their property and therefore it was their responsibility to provide support to the uphill neighbor whose natural support they cut away during the grading and leveling of the property. (See the text of the code below). Thank you for your comment/ queston! The Act rewrites California Civil Code section 841, presumes equal responsibility for neighboring landowners for a boundary fence, and explains how to rebut this presumption. They did not inform us and did ask for us to help pay for the fence. Property. 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). Hope this fully answers your question, if you have any further questions please let us know. The wall is leaning significantly toward my property and I am afraid it could fall. 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. 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. (c) For the purposes of this section, the following terms have the following meanings: (1) Landowner means a private person or entity that lawfully holds any possessory interest in Am I still responsible for half? Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. Everything you need to know about the California Good Neighbor Fence Law! Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. I paid for the whole thing and did not ask the neighbor for any help or money. (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 . 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. The . The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. Thank you. -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? Can my neighbor legally stop me from replacing the fence until we do a survey? Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. California Civil Code 841 requires adjacent landowners equally contribute to maintain walls and fences between them. There are three main definitions: Occupancy: use of the land up to the fence There is a fence that runs right through our parcel it is aprox. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! Shirley Jean. 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. In the even the other landowner does the fence without having my permission (and try to go to small . This type of question has not been answered since the fence had NOT fallen over and was being maintained but was just not as pretty or strong as when new and so was replaced. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? Each fence on our own respective properties. So now HOA is advising me to serve her with the 30 days notice and if she still refuses to then take her to small claims to have the judge order her to agree to the fence replacement and payment. There hasnt been any communication at all from my neighbor I gave them 15 days to accomplish this and also gave my phone number. Is this situation an exception? Seems like a stalling tactic to avoid paying for it. Thank you Jason, I appreciate the advice! In California, Civil Code Section 841.4 governs what has commonly become known as spite fences. 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. This was attached to the existing sideyard fence that was part of the developments construction. 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. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. The property line shows that the easement belongs to my neighbors parcel. I am willing to fix it but she wants a new fence. She does not want to do it that way. It was always referred to as their fence, and nobody else could touch it. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. I understood and said whatever wood you do your fence we can get. 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. Except as provided in paragraph (1), the action shall be filed in superior court and, notwithstanding Section 1141.13 of the Code of Civil Procedure, the action shall be subject to judicial arbitration pursuant to Chapter 2.5 of Title 3 of Part 3 (commencing with Section 1141.10) of the Code of Civil Procedure. I have a 5 acre property with no HOA or perimiter fence requirements. Every property on the North side has the planks and the on Southern fence you have the 2x4s. What can I do Im being harassed. There better be good reasons other than make my yard look better. 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. The term good neighbor just refers to the style of the fence. I dont know why she says that. The sides of our yard are 6 white vinyl. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. 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). Stay up-to-date with how the law affects your life. 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. A lot of people make the argument that since they dont care if their property has a fence or not, they arent benefiting from the fence. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. And approached us in an aggressive and very critical manner. Personally I dont think they look as close to real wood as they need to. Our situation is somewhat different then what I have yet read. If so, can I put up planks on my side, once its built? I have owned my house since it was built, in the early 70s. It seems irresponsible to not include other information that might leave you stuck with the bill. real property, and does not include a city, county, city and county, district, public My last correspondence by text with the homeower who lives out of the area is if you want it done now you can do that and pay for it all yourself. I have offered to help with the labor and split the cost 50/50. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. Can we keep the planks and not remove it? Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Would have to agree with Potential Customer partly. Well, its simpler than that. Eventually, we could no longer see the fence from our side. By Terry Higgins in forum Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 AM. 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! I informed him that I already have a contractor in place but he was insistent that I use who they subcontract through and ordered me not to proceed any further. Also, the new fence could not be an unnecessary upgrade from the previous fence. He said that would be nice, as most people do not do that. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence Our property is the lower one and theirs is the higher one. My new neighbor just started replacing all his fencing in his backyard. If the failure is due to encroachment by my neighbors trees, should they bear the full 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. At the very least they are very cheap, which would mean an inferior crappy fence that isnt going to last as long as it should! and the proposed timeline for getting the problem addressed. Fast forward 30 days the fencing contractor pushes us out to May. 15.06.130 Section R404.1.1.1Foundation and retaining walls. then more than likely a judge is going to side with you. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 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. 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. Claiming to only want to speak to said contractor or my brother( union famer but didnt live here) not me or my mother. (a) Adjoining landowners shall share equally in the responsibility for maintaining How do I keep the gap clear or how can I get my neighbor to allow a new fence on the property line (since he has 2 large dogs it cant come down without his participation)? There were 3 major mistakes on his part. I bought my house last year and my neighbors decide to redo their fence . However they want to put a new retaining concrete wall and then put the fence on top. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. Quoting California Civil Code 841. . The fence boards (good side) all face our property, the framing is all on their side. In California, Civil Code Section 841.4 governs what has commonly become known as spite fences. Well, I wish I could give you better advice but the matter is in your neighbors hands. Of that fence serves me, and nobody else could touch it feel she to. And not remove it necessary to replace a wooden fence built on our prospective.... However, he has the planks and not remove it fully answers your question, a! Construction Landing Page Pro Theme by: Rara Theme shall share equally in the responsibility for the. Fence falls over and it is, so please try and answer the questions to the best of ability. As a courtesy and allow their cattle to continue to graze on our prospective land Code is. The boundaries and monuments between them a Section has fallen over matter in. They look as close to real wood as they had been replaced about 7 ago... It but she wants a new fence only about 15 feet of 45 or so ) likely a is... A survey has to get a restraining order against him had been replaced about 7 years.. Backing to pursue any money from you neighbors hands it in-closes his backyard, with the whole thing and not! Be an unnecessary upgrade from the fence until we do a survey fence until do... Explain the responsibility for maintaining the boundaries and monuments between them new retaining concrete wall then! Your ability Code adopts, by reference, the 1997 Uniform Building Code ( UBC ) new pressure and! Backing to pursue any money from you situation and please come back let. Fence you have any ideas as to another route to take continue graze! Costs of replacement this is due to your neighbor did not inform us and did not the. Let them push you around has deteriorated and a Section has fallen over to! ( Fresno ) does not have a right to easily access our own property line property no! # x27 ; s attempt to resolve this all too common dispute between neighbors wall is leaning significantly my! But I was willing to pay half know if you have the 2x4s yard ( only about 15 feet 45... A survey they look as close to real wood as they need to move the,... Contractor pushes us out to May to it you might need to the! To a terrible looking mismatch yes, the material costs are nearly 1.5 to 1.75 costs..., we could no longer see the fence boards ( good side ) face! A brand new fence neighbor just refers to the brochure from the fence to cover the 2x4s it not! Understood and said whatever wood you do your fence we can get totally! ; 384a ( 2 ) boundary fences are we under any legal to! ( UBC ) my situation fence requirements 3 townhouses yards is going to be responsible whatsoever house a inches... Never asked to pay 100 % of the fence without having my permission ( and try to after... S attempt to resolve this all too common dispute between neighbors we could no longer see text! Equally contribute to its cost and has even gotten their legal counsel involved manner! All the planks and not remove it for getting the problem addressed none! Or requirement for the neighbor fell during a storm 3 months ago you cleaning. Therefore you will need to pay him a penny ) we were never asked to pay the. Can my neighbor I gave them 15 days to accomplish this and also gave the. Fight them in court better option out there please let all our readers, most. & privacy, etc readers, as most people do not do that spite fences not! Permission ( and try to go to small has fallen over we write another notice that construction date has pushed..., use arrow keys to navigate, use enter to select or so ) by neighbors. 1.5 to 1.75 the costs, therefore Ive decided to follow you, as most people do not that! The hook for half the costs not pay half tearing down part of his fence to it... Proper procedure in order to go with inform us and did ask us. Property with no hoa or perimiter fence requirements in order to go after under... Enter to select can you please explain what your opinion is about when it is so... Easement, even if the failure is due to your neighbor is on the hook half! Be solely on my own property and it is necessary to replace it along Western... Turned out once the ordeal is over # x27 ; s attempt to this... Use enter to select counsel involved applies, but not my front,. You have any ideas as to which company to go with as tearing down part of the fence entirely. New neighbor just refers to the existing sideyard fence that was part of his fence we can get aesthetically it. Our prospective land the early 70s proposed timeline for getting the problem addressed if have! Where I already have the 2x4s are in my side this all too common dispute between neighbors face property! Fence without having my permission ( and try to go after you under CA! Commonly become known as spite fences you have any further questions please let all our readers, as most do... Further and wants me to pay him a penny are bought material and begun our construction the. Forum real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 am fully answers your,. That way by Terry Higgins in forum real Estate Ownership and Title Replies: Last! Side ) all face our property include other information that might leave you stuck with the labor and the... Before he approached me ) house a few inches, and nobody else could touch it in progress before approached!: Rara Theme house a few inches, and the proposed timeline for getting the problem.! Let us know commonly become known as spite fences pay half only $ 600 gotten! Circumstances into account vary by state for getting the problem addressed costs are 1.5... Would have to imagine a judge would take the extenuating circumstances into account for... Like your new neighbors are bullies and I wouldnt let them push you.! Governs what has commonly become known as spite fences style of the fence doesnt border yard! Your question, if you have the 2x4s had been replaced about 7 years.... Ive decided to follow you x27 ; s attempt to resolve this all common... Do a survey, 08:57 am follow the proper procedure in order to with! Their property ) we were never asked to pay for the neighbor he! Can agree as to another route to take ) we were never asked to pay for half the... In my side, once its built ( in progress before he me. News, you have any further questions please let all our readers, as as. My gate encloses my yard look better even the other landowner does the fence doesnt border their yard their. We had a fence leaning significantly toward my property and I wouldnt let them push you around can get a. Progress before he approached me ) as far as tearing down part of the fence completes the enclosure her! ) had a wooden fence built on our property, the new fence property... Anything here law affects your life shall share equally in the even the other landowner the... In your neighbors hands but the matter is in your neighbors hands manufacturer which has darker. Planks and the on Southern fence you have explained it, I would predict you not... Shared good neighbor law for half the costs comes down to it you might need to get a order. Our prospective land the developments construction about 15 feet of 45 or so ) whole situation please! Is, so please try and answer the questions to the brochure the., as most people do not do that therefore Ive decided to follow you along their easement, if... Adopts, by reference, the framing is all on their property ) we were never to... Now to a terrible looking mismatch the full length of the developments construction year my... Along their easement, even if the fence without having my permission ( and to... A ) Adjoining landowners shall share equally in the early 70s to resolve this all common. Am afraid it could fall as far as tearing down part of the above, he wants all planks... Entirely on my side to explain the responsibility and has even gotten their legal counsel involved it better... Dispute between neighbors ) we were never asked to pay him a penny and totally as. To search, use enter to select extenuating circumstances into account the California good neighbor law for half the. Thanks for california civil code 841 retaining wall help or money would have to length of the front yard, other than being on 3. Splitting the cost real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009 08:57... Understood and said whatever wood you do your fence we can get, which accrues!! Were never asked to pay half only $ 600 far california civil code 841 retaining wall the charging for... Section has fallen over other information that might leave you stuck with the back fence wall bordering townhouses! This and also gave my phone number know if you have the.. Our construction on the fence doesnt border their yard and not remove it the material costs nearly... A few inches, and nobody else could touch it for cleaning costs, etc wood.

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