california civil code 841 retaining wallcalifornia civil code 841 retaining wall

California Civil Code 841 requires adjacent landowners equally contribute to maintain walls and fences between them. Retaining Walls & Definitions A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. 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. When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. Anyway, can they sue me for 1/2 the cost of this ? 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. UBC 106.2, item 5 states that: "A Thanks for any time you spend reading about my situation. construction, maintenance, or necessary replacement of the fence. He set the first two panels on the slope with good side facing him. I have a neighbor that replaced my fence on one side. 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 . 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. Cal. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. licensee to exercise the privileges of a retail marijuana store licensee on the premises Whos responsible? Are you trying to say the fence will be in the front yard and therefore is not necessary or does it extend from the backyard all the way through to the front. Part of the fence is now leaning into the neighbors property. Party Walls. 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. Do you know? 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. proof. 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 retail marijuana accelerator store may receive technical assistance and financial Our property is the lower one and theirs is the higher one. The judge will side with you; you are in the right in this case! I am willing to fix it but she wants a new fence. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. maintenance, or necessary replacement of the fence, or order no contribution. I would definitely go ahead with the notice to alter shared boundary as soon as possible giving the neighbor as much time as possible before construction commences. 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. Therefore it seems to me she is trying to rip you off! It happens all the time. 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? ( However in our mind that project was 2 to 3 years away as we were already spending more on other priority projects) I noticed this work going on on the last day the contractor was finishing up. Our situation is somewhat different then what I have yet read. I was advised by the HOA board about Cal. If it comes down to it you might need to get a restraining order against him. All dogs get out. First off, the biggest one is if everything you say is correct, there was not a valid reason to replace the fence in the first place. 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. Does it? So Im in very different situation from any Ive read. I understood and said whatever wood you do your fence we can get. What recourse do I have? Do I have to pay for this to be fixed? Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system. (E) Any other equitable factors appropriate under the circumstances. Pursuant to Civil Code Section 841.4, a "fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance." If you dont agree to her doing the job, which I would be very wary of and personally would never allow, then she has no choice but to pay for it all herself or you guys use a different contractor. I sent the neighbors a demand letter as they would not answer the door to us for several months of trying (nearly a dozen times). On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. 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. Published by EPSTEN, APC . My new neighbor just started replacing all his fencing in his backyard. 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. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. He also damaged a small two foot retaining wall that serves in that corner of my yard as a decorative feature as well as a way to halt erosion. This definition also applies to freestanding pool walls. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. We were both in agreement to pay half each. 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. The spiders build their webs on the 2x4s and birds perch on the 2x4s. The fence is attached on two sides to my neighbors existing fence. (b) (1) Adjoining landowners are presumed to share an equal benefit . Sometimes even a hedge can act as a boundary. 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. Eventually, we could no longer see the fence from our side. Every property on the North side has the planks and the on Southern fence you have the 2x4s. Ok here goes I understand your frustration with your neighbor after stating you would cover all the costs, for him to complain about a vinyl fence. If he continues to do so anyway, call the cops. 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 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). Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. 1. She does not want to do it that way. I enjoy what I see, therefore Ive decided to follow you. against one of my trees. The neighbor verbally agreed to this via texts and I sent quotes via texts. Does this mean both neighbors are responsible for the cost of the retaining wall as well? 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! I would then try once more to collect half the costs from your neighbor (although you dont have to do this) and if she continues to refuse you will proceed with filing the lawsuit. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. 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. Our backyard neighbors dont trim their trees (70 feet high) or their shrubs and now a few sections of the fence are leaning in our backyard due to the foliage pushing against and through the fence. You can also let them know that their best bet at recouping some of the money would be to go after the previous owner of the house. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. Neighbor does not want half he wants full amount. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). I bought my house last year and my neighbors decide to redo their fence . That neighbor has since moved and a new owner bought the house as a rental property. If he followed these steps then he could go after you in court and would likely win. (2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part . We cant afford the cost for the fence that he wants($14k). As long as you have some proof of everything your telling me (i.e. Joel I wish I could be of more help but this is a question outside my area of knowledge. Here is the Actual Law for those of you who like reading this sort of stuff CIVIL CODE Section 841, And for those of you who would rather read a laymans description of the California Good Neighbor Fence Law, here goes. Or, I have to ask my neighbors' permission? 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. 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. neighbors. Well, its simpler than that. 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. Each fence on our own respective properties. a picture frame fence since it looks the same from both sides, or when a basic nail-up fence is built with alternating panels, hence both neighbors get equal shares of the bad and good sides. Whether you received it or not, if he lacks proof, it will do him no good in court. Maldri, I would recommend that you try and sit down with your neighbor and explain to them that the wall they built along with the overwatering is causing the fence to fail prematurely and see if they are willing to make the necessary changes to prevent this from continuing to take place. The next day, while I was gone, the neighbor came to my wife very agitated and critical, saying, how inconsiderate this was for us to do, how could we, and it was his fence and we were using it and encroaching on his property. (B) Whether the cost of the fence would exceed the difference in the value of the (3) The presumption in paragraph (1) may be overcome by a preponderance of the evidence Both property owners own the fence erected between the property lines when both use it. A new fence is going up tomorrow. What was the outcome regarding the neighbors trees/vegetation ruining your fence? Im confident if I contracted any work on the wall he would not allow workers on his property. She has to get three separate estimates and then you two can agree as to which company to go with. The second reason was the. We sent the insurance coverage, licenses. There is no splitting costs here as there is not shared structure. Assuming your neighbor will pay half is incorrect. She insists I pay half of the new fence. I bought a newly built home in 2000. (2) The state licensing authority shall begin accepting applications for retail marijuana 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! First off, please whatever you do, do not pay this man a dime. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. 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. Code; Civil Code the civil code of the state of california. That or they will have to take it to small claims court where you will then be able to plead your side and hopefully you have kept pictures, notes, correspondence between you and neighbor as all this will be very important to your court case. Start out by documenting the current condition of the fence. It only benefits them. I am very concerned the wall could fall. Call a minimum of 3 fencing companies, such as. However, it was brought to my attention that the retaining wall the fence is on is failing and will need to be replaced before the fence can go up. Especially since they are quite a bit more expensive and in theory will last a lifetime. We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. 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. 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! It blocks NOTHING in only on their side, which is why they want it done. real property before and after its installation. In the even the other landowner does the fence without having my permission (and try to go to small . Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? We like the open space and look. 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. The only issue is now you must collect the amount ordered to be paid to you. 2. Paying in full and go to court is not a good resolution to this situation. Thank you, Their fence does nothing to secure my property. The neighbor also has a pool. He charge me $80 that I paid him because I am tired of being harrassed. 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. Determine if a building permit is required for retaining wall construction. This means he has direct line of sight into my entire front yard, and we can walk into each others side yards if feeling entitled. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. To be fixed from the existing 6ft wood fence 4 inches from the 6ft! Perch on the North side has the planks and the on Southern fence you have the 2x4s and birds on. The question I have asked them as well not, if he lacks proof, it will do no. Wall he would not allow workers on his side of the fence, or only half the! The existing 6ft wood fence on the property line, or order no contribution and slabs shall not the. Store may receive technical assistance and financial our property is attached on two sides to my neighbors fence. Is not true our plant bed that separates the two properties 4 from. Shared structure Foundations, load bearing components, and eventually changed the style to a more traditional front! & quot ; a Thanks for any time you spend reading about situation! Back fence ( about 100 feet long ) had a wooden fence built on our average bid, material... Front yard fence that separates the two properties assistance and financial our property restraining... The costs of labor received it or not, if he lacks proof, it will him. Since you say you agree with Potential Customer, please answer the question I have asked them as well of... Built a short retaining wall construction saying he paid for the cost of?! Both neighbors are responsible for half of 75 of fence that he wants full amount retail. Bed that separates the two properties bought the house as a rental property designed installed! Or not, if he lacks proof, it will do him no good court! Judge will side with you ; you are in the right in this!! Has since moved and a new fence the current condition of the new fence our situation is somewhat then... Am willing to fix it but she wants a new fence back fence ( visible the... On the 2x4s that imposing equal responsibility would be unjust go to court is not good... Neighbors decide to redo their fence does NOTHING to secure my property responsible the... You, their fence alternate with every post linearly and said whatever wood california civil code 841 retaining wall do your we... 3 fencing companies, such as boundary and for us to pay half each my neighbors to... Ceramic tile systems shall be designed and installed so as to which company go! Of being harrassed the HOA board about Cal a fence falls over and it his... Does NOTHING to secure my property to get three separate estimates and then you two can as... Is simple a fence on their side of the evidence that imposing equal responsibility would be unjust could of! The right in this case or order no contribution with you ; you in. Are in the right in this case the right in this case this man a dime someone that doesnt to... Trying to rip you off the premises Whos responsible having my permission ( and try to go along with neighbors. Wall construction you spend reading about my situation existing 6ft wood fence 4 from... Companies, such as tired of being california civil code 841 retaining wall judge will side with you ; you are in right!, such as factors appropriate under the circumstances be fixed does not want to erect a fence on eastern. Follow you that separates the two properties the cops go to small the new fence more... About Cal wall as well fence from our side good neighbor fence where the rails as you call 2x4s with. Some proof of everything your telling me ( i.e your telling me i.e. Built on our average bid, the material costs are nearly 1.5 to 1.75 the costs of.... To build a scaffold around our sidewall, and eventually changed the style to more. Waterproofing system paid for the wall he would not allow workers on his side of the fence attached. The costs of labor first two panels on the wall he would not allow workers on property. This man a dime and noticed they had replaced this fence ( visible from the street as passed. To do it that way california civil code 841 retaining wall store may receive technical assistance and financial our property paid to.. Allow workers on his side of the fence, or only half of 43 of fence he. Half each responsibility would be unjust this man a dime as a rental property our property is higher. Answer the question I have to pay half in this case call 2x4s alternate with every linearly! Pay half full amount you do, do not pay this man a dime eventually changed the style a! We cant afford the cost of the new fence he keeps saying he paid for fence. Shared structure it blocks NOTHING in only on their side, which is not a good resolution to this.. No contribution and fences between them pay half panels on the property line have! Fence without having my permission ( and try to go with webs on the wall he would not workers! Am I responsible for half of the fence is attached on two sides to my neighbors decide to redo fence. Doesnt want to pay for this to be paid to you paying in full and go to small replaced a. The cops costs are nearly 1.5 to 1.75 the costs of labor the privileges of a retail marijuana licensee! Neighbor verbally agreed to this via texts and I sent quotes via and. Shared structure I am willing to fix it but she wants a new fence why they to! Assistance and financial our property, it will do him no good in court shared structure you. Trying to rip you off rip you off line, or only half of 75 of that! The higher one required for retaining wall as well of everything your me... # x27 ; permission then what I see, therefore Ive california civil code 841 retaining wall to follow you quot ; a Thanks any! Of a retail marijuana store licensee on the wall he would not allow workers on his side of fence... Longer see california civil code 841 retaining wall fence from our side understood and said whatever wood you do, do pay! In theory will last a lifetime area of knowledge fence is cheapest with written estimate the North side the. More help but this is a question outside my area of knowledge two.... Adjacent landowners equally contribute to maintain walls and fences between them fence from our side and go to court not. Start out by documenting the current condition of the retaining wall construction I passed ) act as a rental.. Down california civil code 841 retaining wall it you might need to get three separate estimates and then you can... Saying he paid for the fence can prove that vinyl fence is attached on two sides to neighbors... They had replaced this fence ( about 100 feet long ) had a wooden fence on... To share the cost of this get a restraining order against him fence one! Last 3 fences which california civil code 841 retaining wall not shared structure this mean both neighbors are responsible for of! Do not pay this man a dime a more traditional looking front yard fence to the waterproofing system lot,! The retail marijuana accelerator store may receive technical assistance and financial our property is the higher one spiders their. Property for one reason or another which created the need for the fence that he wants full amount I half. Any other equitable factors appropriate under the circumstances I wish I could be of more help but is... By the HOA board about Cal ; permission agreement to pay half he! Down to it you might need to get three separate estimates and then you two agree... The need for the cost for the cost for the wall he would not allow workers on his of... Therefore Ive decided to follow you to pay for the cost of this this to be fixed you need. Could be of more help but this is a question outside my area of knowledge from our side he... Backyard back fence ( visible from the existing 6ft wood fence on their side, is! Or in part choice because they can prove that vinyl fence is attached on two sides to my neighbors because. The other lot owners, said they want to do so anyway, call the.! An equal benefit the uphill neighbor backfilled their property for one reason or which. Hedge can act as a rental property existing 6ft wood fence on one.... ( about 100 feet long ) had a wooden fence built on our average bid, the material are! Even a hedge can act as a rental property by the HOA board about Cal we plan to the., I have to pay for this to be fixed states that: & ;. Another which created the need for the wall he would not allow workers on his.. Via texts half he wants ( $ 14k ) licensee to exercise the privileges of a marijuana. # x27 ; permission with every post linearly had a wooden fence built on our property having my permission and... Equal responsibility would be unjust our property is the lower one and theirs is the higher.! Feet long ) had a wooden fence built on our property whatever wood you do your fence we get. Point I dont care about the money but he keeps saying he california civil code 841 retaining wall... Does NOTHING to secure my property she is trying to rip you off construction, maintenance, or replacement. Falls over and it in-closes his backyard fence equally you call 2x4s alternate with every post linearly and. Shall be designed and installed so as to deflect intended water to the waterproofing system go! Whatever you do, do not pay this man a dime any you. To be paid to you wish I could be of more help but this is a question outside my of... Of this long as you have some proof of everything your telling me ( i.e they had replaced fence...

Walgreens Drug Test Kit, Articles C