I am a little confused as to your question. I want to replace our fence and sent multiple notices to our neighbor south of us. 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. I have video documentation of the damage . Personally I dont think they look as close to real wood as they need to. 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. My neighbors want the fence between our houses done. I am very sorry to hear about your situation. 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). Or, I have to ask my neighbors' permission? 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. Nat, yes you are correct. ( Remember, we were never approached about this at all. Join for use: the attachment of another fence to the boundary fence I bought a newly built home in 2000. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. I do not see why you wouldnt be able to do what youre proposing except for the fact that it could bring along with it a lot of issues. You must then pay the contractor in full. Effect of the 1872 Codes. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through . 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. in the yard, providing security & privacy, etc. Hope this fully answers your question, if you have any further questions please let us know. In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a few exceptions. 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. Now there are two fences that not only a too totally different styles but heights. You do not absolutely share the cost of the fence. It does not enclose anything but does offer some privacy to us in our driveway and kitchen and to their front yard facing bedroom window. area let me know and Ill go talk to him! I am on disability and cannot afford to even split the cost really. 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). The fence is solely your responsibility. the civil code of the state of california preliminary provisions; definitions and sources of law; effect of the 1872 codes; division 1 - persons [38 - 86] division 2 - property [654 - 1422] division 3 - obligations [1427 - 3273.16] division 4 - general provisions [3274 - 9566] If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. 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. 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. Certified letter of intent CIVIL CODE 895 - 945.5 . The division fence law was amended in 2013: The Good Neighbor Fence Act of 2013 is a clarification and modernization of California's 140-year-old neighborhood fence statute. We want to remove the fence on our land, so we can access 100% of our land from our entry gate. 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. I text him to have proof and he calls me to answer do I have no write that he agree to go half. (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 . He has the responsibility to pay for half of a fence between yards. Determine if a building permit is required for retaining wall construction. Cal. Will we need to pay? We write another notice that construction date has been pushed up to May. Now the neighbor wants the planks that my husband nailed to be removed. As far as the charging you for cleaning costs, etc. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Please let everyone know if you have any ideas as to another route to take. Never consulted us. The California Good Neighbor Fence Law. The retail marijuana accelerator store may receive technical assistance and financial Our situation is different then all the comments I have read. It was always referred to as their fence, and nobody else could touch it. 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. 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'. Legal Help, Information, and Resources. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. What was the outcome regarding the neighbors trees/vegetation ruining your fence? Usually in small claims if it is under the max amount in your state (usually around 10-15k). I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. Do they have the right to force us to sign their agreement to allowour work to start? 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. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. 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." Am I correct? California Civil Code Section 841.4 states: Any 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. (ii) The extent to which the costs of the project appear to be the result of the landowner's 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). Some years back, with consent from the prior owner of the neighboring house, my husband paid for and built a fence in our FRONT yard between our driveway and neighbors side yard for growing plants on (decorative). He offered to remove our old wooden fence for $600.00. Do you know? 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. So, like many, I have a real A-hole neighbor! There are many reasons disputes may arise between neighbors when it comes to fences. Search California Codes. licensee to exercise the privileges of a retail marijuana store licensee on the premises But calling the cops on me for a one time incident has changed my care free attitude. All rights reserved. -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. What happens then? I appreciate your comment, but you must realize the majority of the time, these cases will be fought in small claims court by neighbors without much legal knowledge or without additional attorneys and the judge will likely follow the letter of the law. 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. Coachella Valley 74830 Hwy. Can she force me to pay for the materials and she do the labor? 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. 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. She does not want to do it that way. 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. Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? Our side of the fence with the 2x4s looks ugly and unfinished. According to the law, you do have the responsibility to pay for half of a shared fence. Civil Code Section 841. Property. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? They have the planks on their side and our side has the 2x4s. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. The property line shows that the easement belongs to my neighbors parcel. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. If he continues to do so anyway, call the cops. We saved all receipts from the hardware store. The neighbor has a large tree that pushed against the fence along with an old mattress behind their shed that did not help with the fence integrity. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. https://california.public.law/codes/ca_civ_code_section_841. It happens all the time. Simply put, the issue is whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility for the Subject Wall. Or can I break down the fence that only covers his backyard ( since his property line goes passed mine in the back yard) because if Im not getting paid for that extra 18-15ft can I re use the wood for a gate on my property. In this scenario, would the State law trump the city? We didnt do anything about it, as we didnt want to cause problems in our first year here. 3 quotes If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. The wall is leaning significantly toward my property and I am afraid it could fall. As far as tearing down part of his fence. The fence has deteriorated and a section has fallen over. It just appeared one day. Never asked for financial help. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. 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)? They claim they sent us a letter with some sort of ultimatum, but we never received any letter. This was attached to the existing sideyard fence that was part of the developments construction. Any tips on how to proceed? This is due to your neighbor not following the required steps. Of course, like many laws there are exceptions. Neighbor wants to replace fallen fence due to construction on his property. agreement, shall be presumed to be equally responsible for the reasonable costs of We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. As long as you have some proof of everything your telling me (i.e. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. (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 . 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. I am not certain if I have any legal obligation to do anything here. If you dont approve of this my advice would be to split the cost equally in which you will probably have to agree to alternate panels or build a good neighbor fence. Thanks for any input. Persons. 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. We need to have some stucco repair to the side of our house in that area and would like to be able to get in there periodically to weed, etc. While you really cant fix the past, what I would do about the future is document the damage caused by the debris (showing the fence areas without trees and debris), and then ask them if theyd like to keep the fence cleaned off monthly, or would they prefer to split the cost of a lawn care service company to come and keep it cleaned off using a leaf blower. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! I wish they would have just talked to us about going in 50/50 on a new fence. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. I think it was never our intent to have a fence and continue to advocate for no fence. Simple as that. The good news, you have absolutely nothing to worry about. Do we owe anyliability and responsibility to the neighbors? In the even the other landowner does the fence without having my permission (and try to go to small . However, you can be right and still have to pay for the whole fence. 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. Cal. As long as you took the proper steps in contacting the owner, getting multiple bids which you presented to him, and hopefully sent him a notice a month prior to starting the work of Intent to Alter Shared Boundry, than according to the CA Good Neighbor Law he is legally responsible to pay you half the costs. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. against one of my trees. 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. Well, its simpler than that. Concrete shall not be placed in casings within heave range of driving. 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. 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. Part of the fence is now leaning into the neighbors property. 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. 200 from either boundary. 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! My husband wants to put the planks on our side. 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. California.Public.Law California Codes; Join; Login; California Codes; Civ. Do not do so! I am currently dealing with a neighbor that is refusing to fix our shared fence. 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. They did not inform us and did ask for us to help pay for the 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. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. Legal Help for Real Estate Ownership and Title - Fences and Walls: CALIFORNIA We have a bid from a licensed contractor for $1300 to replace the fence and. 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. 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. California Boundary Fence Laws. That being said I believe if you are set on getting a vinyl fence you have two options. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. Therefore it seems to me she is trying to rip you off! The fence is over 25 years old and the entire fence could stand to be replaced. We agreed. 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. CIV Code 841 - 841. Although I was not informed in advance, not included in the planning, never saw a quote or even a final bill, I felt bullied, and paid him the $500. And if a duty exists, then Plaintiffs have a theory of liability to pursue their claim at least on this basis. We will always provide free access to the current law. 2. I had not notified him yet of the contractor doing the job as it just got scheduled. I told him I would also throw my neighbor a bone. (I believe youve already tried this approach and it failed?). 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? 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. Does this mean both neighbors are responsible for the cost of the retaining wall as well? Our left siding wall base are dropped to the two neighbors very end of their backyard. Still proceed to have the fence repaired and then take her to small claims? Today I go into my yard to find our shared fence down! I know personally, I would never get involved with such a situation! support from the retail marijuana store with an accelerator endorsement. There has never previously had a boundary fence. The panel sits at about 8-9 ft off the ground. It clashed with the style of our house. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. Is it his right to put the framed side facing us? We cant move forward with the project without the fence removed. Start out by documenting the current condition of the fence. So Im in very different situation from any Ive read. Cindy, I am sorry to inform you but your neighbor is correct in this situation. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. hardship given that party's financial circumstances as demonstrated by reasonable However our back fence was not vinyl, but an older wooden fence, in some need of repair. Penal Code 384a. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. There is a rebuttable presumption that can be overcome. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. 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. 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? 3. Can I do half of the fence and they can do half of the fence? We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. of an accelerator-endorsed retail marijuana store. They have refused, saying that that dont want us to have free access to their property-we would literally only have to take 4-5 steps on their property to get to our our property under the stairs. I would imagine it will not be built as well as a professional could do, therefore down the road, it will likely fail much sooner! The fence does not enclose their front yard but is still a neighboring fence. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=841. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. 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. 1. Do we still split it in half? 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. Thank you! Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. Then his brother who lives in the house said he would do it and never provided quotes. Since the water is now drawing towards my side of the property. I call upset that he has been pettt by ignoring not just me and my mother but the 2 contractors we tired to hire for this shared fence. 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. The neighbors called and threatened to sue us. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. UBC 106.2, item 5 states that: "A (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. 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. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . 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? 841. 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