The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! I have issues with that because the old fence had the planks on my side. 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. He did. what about security/privacy?) 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. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. fence, the proposed solution for addressing the problem, the estimated construction We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Now in your case it seems that although it was a custom built fence and not prefabricated panels, it was very poorly built and looks terrible? There is a brick wall between me and my neighbor. It does not extend the full length of the front yard (only about 15 feet of 45 or so). She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. I am a little confused as to your question. Repair vs Replacedue to preference or aesthetic. Penal Code 384a. 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 . area let me know and Ill go talk to him! My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the 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. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. 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. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? Then his brother who lives in the house said he would do it and never provided quotes. One neighbor is not financially able to split the cost but said he would try and chip in what he could. Do we still split it in half? Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. again please do not pay him a dime. While each neighbor may only see one side of the fence, this particular portion of California law outlines basic etiquette that each neighbor must uphold. Remember he He insists that he could build his side of the wooden fence and our other side if I split the cost with him. 2. 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. 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. Code; Civil Code the civil code of the state of california. Therefore it seems to me she is trying to rip you off! Thank you. 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. 1. proof. In addition, 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. Good luck. There better be good reasons other than make my yard look better. I have a 5 acre property with no HOA or perimiter fence requirements. Thanks! Code 841 is California's attempt to resolve this all too common dispute between neighbors. There is no splitting costs here as there is not shared structure. Fine. Despite this, many neighbors will downright refuse to pay a penny towards the costs. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. dividing their properties and, unless otherwise agreed to by the parties in a written 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! Fences and Walls: Neighbor Does Not Wish to Use Our Fence Contractor; Through social maintenance, or necessary replacement of the fence would be unjust. Thank you Jason, I appreciate the advice! text messages, etc.) Concrete shall not be placed in casings within heave range of driving. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. I gave them 15 days to accomplish this and also gave my phone number. But did not want to go through our contractors. Im confident if I contracted any work on the wall he would not allow workers on his property. The second reason was the. The whole development had to hire their own landscapers to do their front yards. Although I know this is now besides the point, I would actually always recommend a custom built fence to the prefabricated fence panels they carry at big box stores. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. California Boundary Fence Laws. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. 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. 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. https://california.public.law/codes/ca_civ_code_section_841. Shouldnt we have a right to easily access our own property? 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. I dont know why she says that. Melissa, very good question. 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. You need to tell him he is harrasing you and you will not stand for it. The neighbor also has a pool. The fence does not enclose their front yard but is still a neighboring fence. requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. I hope the business property has to clean up and replace it. While I understand the question is a general legal question and the contractor area of expertise does not matter, I would still feel more comfortable directing you to a knowledgeable attorney in your area! This is very true OriginalWally, thank you very much for the information! If he followed these steps then he could go after you in court and would likely win. 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. 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. In California, Civil Code Section 841.4 governs what has commonly become known as spite fences. 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. If this sounds similar to your situation then I believe our article can be very helpful. Nat, yes you are correct. Am I correct? I asked a contractor how much to tear down my older wooden fence. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. Also, the new fence could not be an unnecessary upgrade from the previous fence. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. Jim, thank you for the great question. 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. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. The judge will side with you; you are in the right in this case! We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. The sides of our yard are 6 white vinyl. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. Must give adjoining landowner 30 days' notice before beginning work. My property is the second house from a corner, so I have 5 neighbors around my property. 111, Suite 100 . The fence needs to be repair. Any owner or occupant of adjoining property You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. The Civil Code of the State of California. 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. We asked if we could pay for a gate to be put into the fence at our cost so we could have access to the area. My husband wants to put the planks on our side. Do you know? One neighbor is . Expert Law. No, this will not cause any issues whatsoever. 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. 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! You can state you will fight them in court. We cant afford the cost for the fence that he wants($14k). 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. Joel I wish I could be of more help but this is a question outside my area of knowledge. Retaining walls in California require engineering and permitting if they are greater than three feet in height. 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. They put up white posts and rails, tan slats. They are extremely weak and the most a customer should expect from them is a few years life. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. 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. 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! She has to get three separate estimates and then you two can agree as to which company to go with. 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). Then let him know you would be willing to cover 100% of the costs as long as he is willing to switch to a vinyl fence. What i am doing after reading your sites info: How about if one of the two landowners chooses to have the fence removed and have no fence? Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! CA 92131 . However, you can be right and still have to pay for the whole fence. 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. Brian, sounds like you have it pretty much figured out. It seems we can not agree. Period. 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! Especially since they are quite a bit more expensive and in theory will last a lifetime. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Only 43 of that fence serves me, and then my gate encloses my yard. First point I made was that dont want a wooden fence due to the upkeep of it. 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. The property line shows that the easement belongs to my neighbors parcel. Coterminous owners are mutually bound equally to maintain: 1. You are not responsible for any of the costs whatsoever and therefore you should not pay half much less the full costs, which I have no idea how this neighbor believes this to be fair. Thank you for your article. Not only did you not own the house when it was replaced, but even if you did, they would have to give you a 30-day notice if you refused to pay half. From the way you have explained it, I would predict you are not going to be responsible whatsoever. There was nothing wrong with previous wood fence it had while home was in escrow. Do owners of homes with pools fall under a different set of rules. 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.) Neighbor wants to replace fallen fence due to construction on his property. It clashed with the style of our house. I wish I could help you, if you live around the Concord, CA. to the benefit conferred upon that landowner by the fence in question. keeping dogs/ children, etc. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. I text him to have proof and he calls me to answer do I have no write that he agree to go half. Seems like a stalling tactic to avoid paying for it. 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. However, he wants all the planks on his side while the 2x4s are in my side. However our back fence was not vinyl, but an older wooden fence, in some need of repair. Any thoughts not input would be greatly appreciated. Except on the front portion which is in my front yard. He has not responded to my texts since May as to when he will replace the fence. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. Spite Fence Law: 841.4. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. According to the law, you do have the responsibility to pay for half of a shared fence. If they bear the cost, its probably not my business; but if we share the cost, is it reasonable for me to ask my neighbor to remove the trees before repairing (or replacing) the fence? His tenant dog Kill my dog. 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. 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? I know personally, I would never get involved with such a situation! Now we are stuck and the cost is adding everyday to put home on market for sale. The fence falls after he rent it out to another family who as well as me has 3 large dogs. the boundaries and monuments between them. California Civil Code 841.4 declares that any fence exceeding 10 feet in height that was "maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance.". In other words, while Civil Code section 841 may not prescribe liability for Plaintiffs' claim, Civil Code section 841 does not preclude it. Hope this helps, let me know if you have any more questions! She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. The wall is leaning significantly toward my property and I am afraid it could fall. Triple damages. California Criminal Statute. Thanks for any time you spend reading about my situation. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. Civil Code Section 841. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. Whether you received it or not, if he lacks proof, it will do him no good in court. Thanks for any input. 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! A new fence is going up tomorrow. support from the retail marijuana store with an accelerator endorsement. 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. 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. 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. Cal. During these early years, most of the neighborhood had children. Good luck! 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. In this scenario, would the State law trump the city? The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. He charge me $80 that I paid him because I am tired of being harrassed. This was attached to the existing sideyard fence that was part of the developments construction. Paying in full and go to court is not a good resolution to this situation. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. It leaves me in this terrible circle. I stated I was not the owner at the time, but I was willing to pay half. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. Lastly, the neighbor failed to serve the notice to 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. My fence completely encloses my back garden and is a corner lot. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . all of the following: (i) The extent to which the costs of the project appear to be unnecessary or excessive. (last accessed Jun. (on their property) We were never asked to pay for any of it. 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? In that case, he has to pay the other owner for one-half of the already existing fence. real property before and after its installation. Traffic Accidents: Responsibility For Property Damage On Expressway. We both had existing wooden fences, about 12 apart. Our backyard fence (100) is on or rear neighbors front yard side fence. Therefore you will need to pay 100% of the costs of replacement! Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? Do we owe anyliability and responsibility to the neighbors? 200 from either boundary. I think she should pay half. I reported to my insurance and they paid for half the replacement cost. (E) Any other equitable factors appropriate under the circumstances. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. Do I have to pay for this to be fixed? Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. What should I do? Consequently, when a fence needs repair, both property owners must share the cost. State they didnt have insurance policies he wanted. The amount to pay is not a small amount and it can take a long time to collect. Neighbor has constantly harassers me constantly if he sees something touching his fence. Current as of January 01, 2019 | Updated by FindLaw Staff. The spiders build their webs on the 2x4s and birds perch on the 2x4s. Where a party rebuts the presumption in paragraph (1) by a preponderance of the evidence, the court shall, in its discretion, consistent with the party's circumstances, order either a contribution of less than an equal share for the costs of construction, maintenance, or necessary replacement of the fence, or order no contribution. Civ. 841. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. Never asked for financial help. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. The notice shall include notification of the presumption of equal responsibility X27 ; s attempt to resolve this all too common dispute between neighbors accomplish this and also gave phone! Them will agree to go through our contractors him a curtsey fee, yet am certainly less inclined do! 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Business property has to pay is not a boundary fence concerned you are not liable for of!