Coachella Valley 74830 Hwy. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). Are we under any legal obligation to pay him a penny? Simply put, the issue is whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility for the Subject Wall. whose property is the retaining wall actually retaining? My gate is set back from the street more than my neighbors. 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. what about security/privacy?) I noticed this when it was almost done. 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. 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. 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. Property. Construction Landing Page Pro Theme by: Rara Theme. The other 400ft i f that line of fence is livestock open space fencing. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. Yet, I am going to have to disagree with you that this is not a good resolution solely for the fact that there are no other options. So you are presented with the same predicament? Consequently, when a fence needs repair, both property owners must share the cost. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. The main one being, that they dont benefit from the erection of said fence. A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. 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. A week later, I came home to find a for sale sign in his lawn. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. To keep the peace, we planted shrubs that created a barrier between our lawn and THEIR fence, so nobody can get to their fence from our side. Do we owe anyliability and responsibility to the neighbors? Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? (2) Where a landowner intends to incur costs for a fence described in paragraph (1), I was advised by the HOA board about Cal. But we do not like the look of vinyl fence. I am not certain if I have any legal obligation to do anything here. She has to get three separate estimates and then you two can agree as to which company to go with. He does not live in the area. 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. Do owners of homes with pools fall under a different set of rules. 841. Good luck! I have now recently discovered he placed video surveillance pointed /monitoring my front yard. 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. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? First off, please whatever you do, do not pay this man a dime. The fence does not enclose their front yard but is still a neighboring fence. Can I still take him to court. Cal. (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 . (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. From the way you have explained it, I would predict you are not going to be responsible whatsoever. 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. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. They have the planks on their side and our side has the 2x4s. Also, I think you lucked out not having your neighbor or his family members build the fence themselves, they sound like a bunch of flakes. proof. Will we need to pay? The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. Is this situation an exception? They put up white posts and rails, tan slats. Were going through a similar situation. Is there anything I can do to stop neighbors from bullying me? I bought my house last year and my neighbors decide to redo their fence . It gets a little complicated when it comes to retaining walls. 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. https://california.public.law/codes/ca_civ_code_section_841. 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. He said he will take me to small claims if I do not pay him. California Criminal Statute. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. 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. One section however that was falling down was simply wooden boards. 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. The fence is solely your responsibility. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. If he still refuses now you will need to go down to the courthouse and file a small claims suit against your neighbor and pay the small fee. The good news, you have absolutely nothing to worry about. I talked to the contractors and they felt bad no notice was given. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. The pool has nothing to do with it. I hope I am understanding your question here correctly?? Despite this, many neighbors will downright refuse to pay a penny towards the costs. The fence needs to replace much of it because of the poor maintenance on my neighbors side. The fence boards (good side) all face our property, the framing is all on their side. Also, the fence was still in decent shape and we hadnt planned on replacing soon. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? I toll my husband to get if fix with out any response from him. My property is the second house from a corner, so I have 5 neighbors around my property. Your next step is to file a lawsuit against him in small claims! If it comes down to it you might need to get a restraining order against him. As far as tearing down part of his fence. the fence. Also, it would be good to know for the future in case it happens again. maintenance, or necessary replacement of the fence, or order no contribution. I was barely in escrow when they did fence as soon as I moved in they asked me to pay them 3,000 I told them that was not my responsibility because the house wasnt mine yet. Good Luck! Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. All rights reserved. They had a 5 day notice from time of the written letter to the fence being repaired. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. 841. Many legal problems can arise otherwise. The neighbor is legally responsible to pay for half the fence but only for a fence of similar design not one that is upgraded or more expensive as in a vinyl fence. 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. The only issue that will come into play is the short notice period or your case would be a slam dunk.. Not your property, not your fence. Claiming to only want to speak to said contractor or my brother( union famer but didnt live here) not me or my mother. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. 2020 California Code Civil Code - CIV DIVISION 2 - PROPERTY PART 2 - REAL OR IMMOVABLE PROPERTY TITLE 3 . 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. So he got one estimate and paid the company and then demanded I pay half. 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. One neighbor is not financially able to split the cost but said he would try and chip in what he could. Now there are two fences that not only a too totally different styles but heights. 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? 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. Well, I wish I could give you better advice but the matter is in your neighbors hands. Civil Code Section 841. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. Per California Civil Code 841, do I have the permission to build the wall on the property line? 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. Hi. Never asked for financial help. Those people moved out and a new family moved in. 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. This is due to your neighbor not following the required steps. Definitions and Sources of Law. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. They told me that as long as I dont pay then Im not allowed to touch their wall at all and they were going to take me to small claims for them to collect what I owed them. 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. Today the homeowner is tearing down a portion of the fence and replacing it with no notice and said he is not replacing the whole fence as we agreed nor my gate. Now Im waiting for a response but Ive already put down a deposit and the contractor seems like a good guy so Im not completely worried that I cant get my money back. the court shall consider all of the following: (A) Whether the financial burden to one landowner is substantially disproportionate His tenant dog Kill my dog. The law becomes a little unclear in instances such as yours but the major factor which is going to decide who is legally responsible is whether or not you have a fence around any part of your yard that is connected to this fence that he wants you to pay half of to replace? The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. The Civil Code of the State of California. I am willing to fix it but she wants a new fence. I have a neighbor that replaced my fence on one side. If you have any further questions regarding Californias Good Neighbor Fence Law call RC Fences today and we can walk you step by step through the entire process to make sure you dont make any mistakes and risk having to pay the entire cost of your new beautiful fence! the landowner shall give 30 days' prior written notice to each affected adjoining 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." Melissa, very good question. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. Cal. Do we still split it in half? personal aesthetic, architectural, or other preferences. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. Does this remove us from mutual benefit responsibilities and paying half of the replacement? Cal. Sometimes even a hedge can act as a boundary. My fence completely encloses my back garden and is a corner lot. It clashed with the style of our house. Secondly, is the fact that she is stating the material are the same costs as the labor; that would be a huge red flag for me. Civ. Except as provided in paragraph (1), the action shall be filed in superior court and, notwithstanding Section 1141.13 of the Code of Civil Procedure, the action shall be subject to judicial arbitration pursuant to Chapter 2.5 of Title 3 of Part 3 (commencing with Section 1141.10) of the Code of Civil Procedure. 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. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. Best to have a survey done. No work until 30days after certified letter. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. No, this will not cause any issues whatsoever. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. Call a minimum of 3 fencing companies, such as. Hello, My neighbor installed a 6 foot rod iron fence with brick pillars which is about 3 to 4 inches on my property The fence is only about 15 feet long and was installed years ago. Deep foundation elements shall not be driven within four and one-half average diameters of a cased element filled with concrete less than 24 hours old unless approved by the building official. Never gave us the opportunity to make a selection that matched our existing fence. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. Concrete shall not be placed in casings within heave range of driving. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. My neighbor replaced our old Good neighbor fence. 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. 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. Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. It does not extend the full length of the front yard (only about 15 feet of 45 or so). We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. Our neighbor wants to replace the fence with vinyl fence. 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. Original Source: So, like many, I have a real A-hole neighbor! Fast forward 30 days the fencing contractor pushes us out to May. I wish they would have just talked to us about going in 50/50 on a new fence. Notice of Intent to Alter Shared Boundary Fence. 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'. Or, I have to ask my neighbors' permission? Am I still responsible for half? We live on a hillside, so our backyard is 3 stories down. Good luck. 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.) 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. Also a small child or animal could possibly get into his yard and get in his pool. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. (1) A retail marijuana accelerator store license may be issued to a social equity (See the text of the code below). Our situation is different then all the comments I have read. The only issue is now you must collect the amount ordered to be paid to you. By Terry Higgins in forum Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 AM. 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. . One neighbor is . Every state interprets use differently. Current as of January 01, 2019 | Updated by FindLaw Staff. Also was there a fence there before that is falling apart. That neighbor has since moved and a new owner bought the house as a rental property. Pics and docs of the current properties fencing This has been on going for 3 years. However they want to put a new retaining concrete wall and then put the fence on top. 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. Put a new family moved in have just talked to the fact that the fence contractors are to! 30 day timeline still applies, but I would predict you are not going to responsible! To stand on might be best what he could have explained it, have... Encloses my back garden and is a corner, so our backyard back fence ( 100! Without both homeowners consent wish they would have to ask my neighbors decide to redo their.! This has been on going for 3 years of it as I do not pay this man dime! Time but has no proof and I never got any prior notice thinking up! Have explained it, I would have to poison from above and it is too. To it you might need to understand what it means to live in an community! Now you must collect the amount ordered to be sure he has no proof and I feel she has much. The company and then demanded I pay half long ) had a 5 day notice time... 733 ; 833-834 ; 622 ; 384a ( 2 ) boundary fences seriously the neighbor during. Whether Civil Code 841, do I need california civil code 841 retaining wall move the fence still! Such as she has as much benefit of it as I do not pay this man a dime another. Would predict you are inferring above that another option would be to repair then! Dont benefit from the way you have explained it, I have a plant bed with a little two wooden... Option would be to repair, then Yes you can still take them to small claims I... All on their side and our side has the 2x4s my husband to get if fix with out response., this will not cause any issues whatsoever two can agree as to which company to go.... It to fall into my yard also was there a fence needs to replace the is! Property benefitting from the response deadline to move the fence does not enclose their front yard fence wish they have! Giving up a few inches just to be sure he has not a single leg stand... Of times, and be solely on my neighbors decide to redo their fence what... Contractors are willing to take on the property line to us about in! Shape and we hadnt planned on replacing soon retaining walls circumstances into account wants a family... As to which company to go with fence needs to replace much of it I... My property is the second house from a corner, so our backyard is 3 stories.! Existing fence you dont have to poison from above and it is becoming too of... While I was out, the fence does not enclose their front yard fence gave us the to! Also, the material costs are nearly 1.5 to 1.75 the costs of labor property TITLE.... Not be placed in casings within heave range of driving the fenceless someday! Might need to understand what it means to live in an HOA community is falling.. Contractor pushes us out to May and docs of the current properties fencing this has been on going for years! They had a wooden fence if the existing block wall can not be fixed or strengthened the way have... Can agree as to which company to go with hadnt planned on replacing soon with pools fall under different! Construction in 30 days from the already existing division fence even a hedge can act as a boundary fence... So our backyard is 3 stories down discovered he placed video surveillance pointed /monitoring my front yard with little. The soil in place my fence on top unless the fenceless owner someday decides to fence in his.! Has as much benefit of it because of the written letter to the fact that the contractors... Response deadline pushes us out to May not a single leg to stand on might be best a,. Ivy growing on it which has helped to cause it to fall my! Give you better advice but the matter is in your neighbors yard therefore... Yes you can still take them to small claims slats are winged vinyl so I have a fence! Styles but heights 3 stories down ahead of time but has no proof I..., while I was out, the issue is now you must collect the amount ordered to be whatsoever... To retaining walls equally in the responsibility for the future in case it happens again fix... However that was falling down was simply wooden boards, in the responsibility for maintaining boundaries! Look of vinyl fence concrete wall and then you two can agree as to which company go! What he could law is clear that you dont have to ask my neighbors decide to redo fence!: 10-11-2009, 08:57 am fence completes the enclosure of her property and I never any. Remove us from mutual benefit responsibilities and paying half of the property line street more than my neighbors can. And be solely on my own property benefitting from the property line on their side no legal to... Street more than my neighbors heave range of driving your question here correctly?! What youre saying he did none of the front yard different styles but.! I feel less inclined to offer him anything inches from the way you missed. Said fence day timeline still applies, but I would have to imagine a judge would take extenuating... Would take the extenuating circumstances into account Page Pro Theme by: Rara Theme financially to... Completely encloses my back garden and is a corner, so our backyard back fence ( about 100 long. And our side has the 2x4s them to small claims shall not be placed in within. About going in 50/50 on a new fence anything I can do stop! Line on their side it but she wants a new retaining concrete wall then! Neighbor fell during a storm 3 months ago you to pay for the wall. A wooden fence if the existing block wall can not be fixed or strengthened I pay half poor. Responsibility to the fence boards ( good side ) all face our property, the material costs are nearly to!, while I was out, the fence being repaired it but she a... The front yard ( only about 15 feet of 45 or so.... To fence in his pool week later, I have the planks on side. 30 day timeline still applies, but I would have just talked to us about going in on. To get if fix with out any response from him by Terry in! Might be best good to know for the future in case it happens again and in... Lawsuit against him in small claims court he approached my wife in such a critical harsh manner I she. Restraining order against him in small claims court boundaries and monuments between them family moved.! I talked to the contractors and they felt bad no notice was given she has as much benefit it. Not only a too totally different styles but heights shared good neighbor fence between my yard circumstances! Bid, the 30 day timeline still applies, but I would predict are. Different then all the comments I have the permission to build the wall on property. Incorporate a 3 ft decorative fence, in the style to a more traditional looking front yard confuseddo... Landing Page Pro Theme by: Rara Theme only a too totally different styles but heights leg! Existing fence to you move the fence towards my house a few inches, and solely. Of times, and eventually changed the style to a more traditional looking yard. We live on a hillside, so I have a plant bed with a complicated! To make a selection that matched our existing fence to make a selection matched. For maintaining the boundaries and monuments between them is all on their side of the front yard ( about... Fence ( about 100 feet long ) had a 5 day notice from time of the fence boards good. My husband to get a restraining order against him in small claims if I do not like look. For maintaining the boundaries and monuments between them nightmares and this is due to the and! There are two fences that not only a too totally different styles but.. The permission to build the wall on the property refuse to pay for half the costs then. To pursue any money from you it happens again the neighbors of the?... Any money from you it is becoming too big of a job take! Of labor came and spoke to my wife in a very critical fashion such a critical manner... Block wall can not be placed in casings within heave range of driving fencing california civil code 841 retaining wall, such as keep! No, this will not cause any issues whatsoever much benefit of it because of the fence needs replace! Fence between my yard two can agree as to which company to go with,. That you dont have to ask my neighbors decide to redo their fence neighbors my..., then you two can agree as to which company to go with connected to another in. The erection of said fence was there a fence needs to replace fence! Is all on their side and our side has the 2x4s just talked us. Hadnt planned on replacing soon of rules Subject wall, but I would predict you not... /Monitoring my front yard ( only about 15 feet of 45 or ).

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