on 2023年4月19日
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! All rights reserved. This is very true OriginalWally, thank you very much for the information! The neighbors called and threatened to sue us. The second and third reasons only apply if the fence needed to be replaced in the first place, but I will touch on them anyway. Paying in full and go to court is not a good resolution to this situation. I asked a contractor how much to tear down my older wooden fence. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. 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. I enjoy what I see, therefore Ive decided to follow you. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. Im confident if I contracted any work on the wall he would not allow workers on his property. If this sounds similar to your situation then I believe our article can be very helpful. While repairing is an option sometimes, although we usually do not recommend it, this article is based on the notion that your fence has fully failed, needs replacement immediately, and your neighbor refuses to pay for it. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesnt need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I dont have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). 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. 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. Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. We both had existing wooden fences, about 12 apart. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? The California Good Neighbor Fence Law. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? https://codes.findlaw.com/ca/civil-code/civ-sect-841/, Read this complete California Code, Civil Code - CIV 841 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting'. 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. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. If he continues to do so anyway, call the cops. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. Coachella Valley 74830 Hwy. 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. One neighbor is . Seems like a stalling tactic to avoid paying for it. I am sorry I am reading this over and I think I understand your question. what if my dog runs off? accelerator store licenses on January 1, 2021. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. In that case, he has to pay the other owner for one-half of the already existing fence. Code 3346. Everything you need to know about the California Good Neighbor Fence Law! 15.06.130 Section R404.1.1.1Foundation and retaining walls. Neighbor does not want half he wants full amount. 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, it would be good to know for the future in case it happens again. I do not think this qualifies for a Good neighbor fence. The rest of the fence between our backyards is fine. All dogs get out. He came and did the job. I want to replace our fence and sent multiple notices to our neighbor south of us. Since the water is now drawing towards my side of the property. They said that they would give us permission when we asked, to enter their backyard by their stairs on the other side of their house, which would then involve us or workers to have to cross their whole backyard, which is an artificial grass putting green! Original Source: The term good neighbor just refers to the style of the fence. 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. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. Call a minimum of 3 fencing companies, such as. It gets a little complicated when it comes to retaining walls. I dont know why she says that. 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. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. Does it? I want to get this done the sooner the better and he has not giving me a response since December 2020. 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. (D) The reasonableness of a particular construction or maintenance project, including (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. 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. 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. Are we under any legal obligation to pay him a penny? This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . I wasnt even the owner when he decided to build the block fence. If so who pays for the removal? Definitions and Sources of Law. and defecate on them. 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. 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? fence, the proposed solution for addressing the problem, the estimated construction Most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise. We write another notice that construction date has been pushed up to May. Our situation is different then all the comments I have read. Title of the Act. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. I hope this answers your question somewhat good luck with your neighbor! I have owned my house since it was built, in the early 70s. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. Persons. 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. and the proposed timeline for getting the problem addressed. They had a 5 day notice from time of the written letter to the fence being repaired. Then it will be for a judge to decide the matter! If it is on your property and you are sure of it (please make 100% sure) then yes you can go ahead and do whatever you want with it, such as tear it down. Which has become an eyesore. 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. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. 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? Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 3 quotes 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. 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). 111, Suite 100 . I disagree with you fully due to one small issue, what other way can you go about the situation should your fence need to be replaced immediately and your neighbor refuses to pay. Thank you, This is if you dont take the proper steps leading up to the construction of the fence. 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. Property Lines: 829-835. Our backyard fence (100) is on or rear neighbors front yard side fence. Im looking forward to returning to your website. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. That being said I believe if you are set on getting a vinyl fence you have two options. My fence completely encloses my back garden and is a corner lot. Cal. Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. Or is it apparent the uphill neighbor . 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. The development has remained pretty much the same over the years, and only a handful of people chose to put up decorative front yard fences. CIVIL CODE 895 - 945.5 . The neighbor paying (if you are not splitting the cost) would have the right to insist that the good side be pointed towards his yard. the fence. agreement, shall be presumed to be equally responsible for the reasonable costs of Well, I wish I could give you better advice but the matter is in your neighbors hands. You need to tell him he is harrasing you and you will not stand for it. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. In the even the other landowner does the fence without having my permission (and try to go to small . All the Best. 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. Period. California Boundary Fence Laws. I kind of felt backed into a corner and found myself becoming a bit defensive to where I dont even wanna deal with this representative for the rental company. against one of my trees. Not your property, not your fence. If one party refuses to cooperate, the other party can do any of the following: The definition regarding Join for Use is likely going to be a major factor in deciding who is legally responsible to pay. Code 841 and 841.4. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. Hi RC fencing! Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. or maintenance costs involved to address the problem, the proposed cost sharing approach, I dont think I see this covered: I share a fence with a neighbor, and they have six 2-story-tall trees (overgrown weeds, really) growing tightly next to each other, just on their side of the fence. We want to remove the fence on our land, so we can access 100% of our land from our entry gate. Is this situation an exception? 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. 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. I hope I am understanding your question here correctly?? construction, maintenance, or necessary replacement of the fence. To further answer your question as to what constitutes a valid reason to replace the fence in the first place, the fence must absolutely be beyond repair and failing. the landowner shall give 30 days' prior written notice to each affected adjoining Thank you. Any thoughts not input would be greatly appreciated. You bring up replacement due to aesthetics and upgrading a fence? 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. If they dont listen, then you can inform them you are monitoring and documenting the issue and when the time comes to replace the fence you will not be paying 50% of the costs due to their actions causing the premature failure. Start out by documenting the current condition of the fence. Yet, since you werent even the homeowner at the time of replacement, I would say in my best judgment that they have no legal standing against you. Part of the fence is now leaning into the neighbors property. He does not live in the area. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! I bought my house last year and my neighbors decide to redo their fence . (B) Whether the cost of the fence would exceed the difference in the value of the (1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. This definition also applies to freestanding pool walls. Many legal problems can arise otherwise. However they want to put a new retaining concrete wall and then put the fence on top. We agreed. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. 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. I have issues with that because the old fence had the planks on my side. Secondly, I wouldnt pay them a dime if I were you. 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. We are planning on filling our in-ground pool and need a shared fence temporarily removed to allow for pool demolition equipment to enter the backyard. 2020 EDITION . increasing citizen access. Spite Fence Law: 841.4. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. At the very least, even if your neighbor doesnt see your side of the issue and still believes both of you should split the costs evenly, hopefully, you can convey the importance of proper care and maintanence for the new fence in the future to prevent another similar issue down the road. They put up white posts and rails, tan slats. 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. 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! Can we keep the planks and not remove it? 1810.4.1.4 Driving Near Cased Concrete. Every property on the North side has the planks and the on Southern fence you have the 2x4s. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. Thank you! I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. Neighbor and I share a panel/lattice on top fence for most of our shared fencing. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. Maybe higher. Fence it up and intact. They have their vinyl fence and we have our wooden fence (though not economically sound). 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? We live on a hillside, so our backyard is 3 stories down. The property line shows that the easement belongs to my neighbors parcel. Our neighbors property has their front yard side fence built on their property, parallel to our fence, about 16 inches from our fence along the entire way. 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. the court shall consider all of the following: (A) Whether the financial burden to one landowner is substantially disproportionate (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them.
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