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. 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. All other retaining wall construction will require a separate Building Permit. A week later, I came home to find a for sale sign in his lawn. Only 43 of that fence serves me, and then my gate encloses my yard. 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. Call us for a free consultation We are buying land. The fence does not enclose their front yard but is still a neighboring 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. 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. I Said they should of waited till the house was under my name and I would of helped out. You can state you will fight them in court. We intend to remove the fence. 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. 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. No work until 30days after certified letter. 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. Your Responsibility As A Homeowner: Maintaining Retaining Walls It just appeared one day. 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. If there was and the fence is being replaced you would ONLY HAVE TO PAY for the sections that run along your property line and absolutely nothing else. 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. First off, they cannot tell you not to touch the fence at all, the fence as long as it is on the property line is both your neighbor and your property and therefore you have just as much right to it as they do, whether or not they paid for it. Fine. I want to get this done the sooner the better and he has not giving me a response since December 2020. What happens then? what about security/privacy?) I appreciate your advice. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. I had contacted my neighbor twice that we need to get the fence fix. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Yet, if the yards were already fenced in previously, and if you have other fences connecting to the one in question, you are more than likely going to get a judgment against you for half the cost. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. 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. Every property on the North side has the planks and the on Southern fence you have the 2x4s. #gallery-1 .gallery-item { The fence needs to be repair. Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. When I first moved in, he wanted to replace the current side yard fence, he played friendly for a bit, and so we split the cost 50/50. For example, if the lower wall is three-feet . Can I still take him to court. PDF IR 16-3: EARTH RETAINING SYSTEMS WITH PRECAST CONCRETE OR - California Am I still responsible for half? Good luck! But the legal issues can be as muddy as the mess in your backyard. Surcharge is a vertical load imposed on the retained soil that may impose a lateral force in addition to the lateral earth pressure of the retained soil. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. Hi RC fencing! Who's legal responsibility is the retaining wall?(Los Angeles, CA) - Reddit I had not notified him yet of the contractor doing the job as it just got scheduled. 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. Well, I wish I could give you better advice but the matter is in your neighbors hands. You do not absolutely share the cost of the fence. 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. 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. The cost of rebuilding a retaining wall on appellants' property cannot be held to be equivalent to the cost of restoring respondent's property to its original condition by mere speculation and without some evidence, and the finding of damages is therefore not supported by the evidence. I toll my husband to get if fix with out any response from him. I will have to replace the rest of the fence to install the gate since I am moving it. ( Remember, we were never approached about this at all. He does not live in the area. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. This is if you dont take the proper steps leading up to the construction of the fence. Nolo.com. Regardless of the permit requirements, it is important to follow the manufacturers recommendations for each block type since the allowable wall heights vary significantly for each block type. It does not extend the full length of the front yard (only about 15 feet of 45 or so). 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. My husband wants to put the planks on our side. Whatever their purpose, retaining walls come in infinite shapes, sizes and styles. 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. What can I do Im being harassed. 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. Can I do half of the fence and they can do half of the fence? Sloping retained soil They have the planks on their side and our side has the 2x4s. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. I am not certain if I have any legal obligation to do anything here. You bring up replacement due to aesthetics and upgrading a fence? Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. He set the first two panels on the slope with good side facing him. But calling the cops on me for a one time incident has changed my care free attitude. float: left; 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. 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. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. 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! 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. One section however that was falling down was simply wooden boards. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. Remove quotes around phrases to match each word individually: "blue drop" will match less than blue drop. 1.3.2 Retaining Walls 2 1.4 SCOPE OF THE GUIDELINES 5 1.4.1 Retaining Walls Covered In These Guidelines 5 1.4.2 Retaining Walls Not Covered In These Guidelines 6 1.5 APPLICABILITY OF THE GUIDELINES 6 1.6 ACKNOWLEDGEMENTS 6 2.0 ROLES AND RESPONSIBILITIES 7 2.1 COMMON FORMS OF PROJECT ORGANIZATION 7 2.2 RESPONSIBILITIES 7 2.2.1 Owner 7 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 second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. I bought a newly built home in 2000. Our situation is different then all the comments I have read. 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. If they do not want to do that then they can eat the costs as they rushed to replace it when they should have waited until they spoke with you, the new homeowner! 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 am a single mother, this is my 1st home and I just cant afford $3500. I have video documentation of the damage . To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. Once your neighbor sees that you are suing him for considerably more than half the cost of the fence that you initially requested he will likely want to pay you the initial amount immediately. Another goal of this note is to provide policy recommendations for the future development of tree law in California. We write another notice that construction date has been pushed up to May. Lastly, the neighbor failed to serve the notice to you. 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. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! The fence does not enclose their front yard but is still a neighboring fence. Simple as that. Of course, like many laws there are exceptions. 215-579-9390. He offered to remove our old wooden fence for $600.00. But, our neighbor says that vinyl fence is the cheapest.