Call a minimum of 3 fencing companies, such as. Structure footings supported by the retained soil Were going through a similar situation. He then re does his 3 sides but not our shared said nor buy material for it or even ask us to go half for the cheaper material. We agreed. 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. The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. The neighbors called and threatened to sue us. The Definitive Guide to Tree Disputes in California I bought a newly built home in 2000. Particularly the location of the wall relative to the boundary. There is a brick wall between me and my neighbor. Never asked for financial help. What can I do Im being harassed. Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. Do you know? We had no say in the decorative fence. Retaining Wall Permit | County of San Mateo, CA 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. As you might imagine, this is a fairly unusual scenario. 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. 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. Who is responsible for a Retaining Wall? | Legal Advice - LawGuru It is a common misconception by builders, designers, landscape contractors, pool contractors and homeowners that this section of the UBC allows retaining walls of up to 4 feet in exposed wall height to be constructed without a permit, regardless of the back slope conditions. He was not nice when I went out to talk to him about it. width: 50%; My new neighbor just started replacing all his fencing in his backyard. Only one of them communicated this to us. I have a 5 acre property with no HOA or perimiter fence requirements. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. neighbors. 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. 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. Why would this be true.. the fence is not on the boundary like therefore it is the responsibility of the property owner in which has the entirety of the fence on their property to maintain it as they like. 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 appreciate your advice. Retaining-Wall-Design-Guidelines_V1-1_Covers.indd lmf C M Y K CLIeNT bLeeD AD PIC INFO engGeobC th WRITe R PROD DOCKeT LIVe PR FONTS . Thank you. I dont want to get taken to court over this, but my other concern is I am struggling as is, and can no way afford to give our neighbors $3,000 for a fence. This is simply the exposed wall height and it is for this reason that the Planning, Inspections and Permitting Department interprets UBC 106.2, item 5 as follows: A building permit shall not be required for retaining walls that are not over 3 feet in exposed wall height unless supporting a surcharge . The owner of the property that the retaining wall is located on is responsible for the retaining wall. I talked to the contractors and they felt bad no notice was given. 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 sides of our yard are 6 white vinyl. We cant afford the cost for the fence that he wants($14k). For segmental gravity retaining walls, the detail(s) must clearly identify the block manufacturer; block type, drainage requirements, and maximum wall height. The fence is attached on two sides to my neighbors existing fence. I would send them a letter certified mail with return receipt requested (for proof should you need it down the road) to immediately stop[ all harassment against you, state that you will not be paying them a dime as you were not the homeowner at the time of replacement, and should they wish to take you to court, go ahead! We intend to remove the fence. Retaining wall Definition & Meaning - Merriam-Webster 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 told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. Engineering calculations and associated data; Soils report (if applicable) For detailed plot plan requirements see Building Permit Requirements. The only issue is now you must collect the amount ordered to be paid to you. What if the adjacent property is an apartment complex? Also was there a fence there before that is falling apart. Neighbor wants to upgrade the whole new fence and pay for the whole project. Thanks! A building permit can usually be issued over the counter when two copies of the following are provided along with a completed permit application: Segmental gravity retaining walls such as Keystone, Allan Block, etc. Should you have any questions, please stop by the public counter of the Building permit section of the City Hall. 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. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? Any advice on how to proceed or deal with this overbearing representative? The fence is horrible now because it does not match existing and neighbor says too bad, that I had agreed to the estimate, even though I had sent link to what I wanted. Construction details, including retaining wall cross section. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. Whether the climate is wet or dry, the walls must support the earth. 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. #gallery-1 img { 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. One side of my fence is 630ft of that side 220ft of the fence are a neighbors backyard privacy fence that the builder put in. I never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. What other option does a homeowner have if their fence is failing miserably and needs replacement immediately, yet their neighbor refuses to pay a dime? If there is a better option out there please let all our readers, as well as I, know! Would we lose in small claims court? I have offered to help with the labor and split the cost 50/50. Redwood trees at top of slope in his his corner hides the fencing in this area. I understood and said whatever wood you do your fence we can get. Based on this minimum footing thickness, a retaining wall with a maximum retained wall height of 4 feet would correspond to maximum exposed wall height of 3 feet. Retaining wall law | Legal Advice If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. Flooding, surface runoff, and even leaking sprinklers can spark disputes between neighbors. Does this remove us from mutual benefit responsibilities and paying half of the replacement? The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. Thank you, 40 Retaining Wall Ideas That Will Elevate Your Landscaping You need professionals to come up with a solid design for the retaining wall and you need them to execute it. 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. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. I will have to replace the rest of the fence to install the gate since I am moving it. 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. 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? This year the fence is leaning towards our house and part of the fence is on the ground, my wife got 3 bids and has contacted a contractor to build a new fence she sent a letter to the gentleman to tell him we are going to replace the fence and He sent us an e mail and I quote as for sending me a bill for my portion of the fence, since I personaly did not agree to participate in the replacement there for I will not pay anything. 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! I paid for the whole thing and did not ask the neighbor for any help or money. I had contacted my neighbor twice that we need to get the fence fix. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. As an example, two tiered retaining walls each with an exposed wall height of 3 feet, and level back fill that are horizontally offset by a distance of 2 feet would be treated as a single 6 foot tall wall and as a result, a building permit would be required. They said that would be a civil dispute amongst neighbors. margin-left: 0; The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. We wanted to replace it and he said we need 3 bids, my wife worked for months to get 3 bids and when we presented him with these he promptly said he could not afford to replace the fence. Subscribe to our mailing list to get news and discounts. 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. There has never previously had a boundary fence. Every state interprets use differently. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. PDF CALIFORNIA RETAINING WALL TYPE 7B - DETAILS No. 1 It is not something that NEEDS to be done. : 2022121 california civil code 841 retaining wall 2022121 california civil code 841 retaining wall 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. Neighbor does not want half he wants full amount. As I just stated I would be very hesitant to allow her to build the fence for two reasons. Spoke to the neighbor again, told him I want to move the fence to the property line, first he said fine as long as its a block wall, so we got estimates but that was too much, so then he said we could move my fence to the property line, and then yesterday changed his mind again and said do not remove original fence! Good luck! The main one being, that they dont benefit from the erection of said fence. By reading the law it seems like I dont really need his permission to build the fence due to its condition and previous incidents but Im trying to keep the peace. that would force him to install another 3 foot rod iron fence on his property. 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. Remove quotes around phrases to match each word individually: "blue drop" will match less than blue drop. I am on disability and cannot afford to even split the cost really. Thank you Jason, I appreciate the advice! Then it will be for a judge to decide the matter! Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? But we do not like the look of vinyl fence. Not your property, not your fence. Plot Plan showing the location, extent, and height of the retaining wall in relation to any building structure, pool, property lines and public utility easements. 2) If a retaining wall is attached to a building or if a building foundation is directly dependent upon the location and design of the retaining wall it is to be included in the building permit for the construction of the building. The wall is leaning significantly toward my property and I am afraid it could fall. sorry for the crappy neighbor, youd be surprised how common this really is! Pics and docs of the current properties fencing The whole development had to hire their own landscapers to do their front yards. Retaining wall responsibility | Legal Advice - LawGuru I have issues with that because the old fence had the planks on my side. Is there anything I can do to stop neighbors from bullying me? He offered to remove our old wooden fence for $600.00. I noticed this when it was almost done. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. Exposed Wall Height is the vertical distance measured from the finish grade at the bottom of the wall (i.e. Does this mean both neighbors are responsible for the cost of the retaining wall as well? The wall design shall be prepared under the general responsible charge of a California registered structural engineer. 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. I wish I could help you, if you live around the Concord, CA. That is, if you're talking about retaining wall ideas in your landscape design. It is very good you havent paid anything for it yet. Personally I dont think they look as close to real wood as they need to. 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.) We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Period. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. 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. Seismic Earth Pressure . You must pay building, plan check, geotechnical, microfilm, and filing fees. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. 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. If the retaining wall was a structural requirement of the lot grading . If you are not satisfied with the final product or it isnt what you had agreed upon prior to it being built, then you should not pay! I am very sorry to hear about your situation. When building a tiered set of retaining walls, position the higher wall behind the lower wall at twice the distance as the height of the lower wall. Also, the new fence could not be an unnecessary upgrade from the previous fence. I have 2 concerns, would we need to pay for the sections that dont enclose our backyard? When water causes property damage -- flooded basements, collapsing retaining walls, or soggy gardens, for example -- feuds between neighbors often result. It seems we can not agree. 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. What options do I have? Structural Calculations wet stamped and signed by a California registered civil or structural engineer (or standardized engineering calculations and ICBO Evaluation Report for applicable segmental gravity retaining walls). I have owned my house since it was built, in the early 70s. That neighbor has since moved and a new owner bought the house as a rental property. -Lastly, and I believe the answer is yes to this but is the retaining wall on the boundary line separating you from your neighbors property? But the legal issues can be as muddy as the mess in your backyard. 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! I know I cant remove the 3 foot rod iron fence because it is totally on his property but can I remove the 6 foot fence that is on my property? 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! 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! Who's legal responsibility is the retaining wall?(Los Angeles, CA) - Reddit Hi we live in a resort area and our neighbor who does not live full time at his home, wants a fence between our yards to keep his dog in, privacy, etc. and defecate on them. 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. If you are not completely set and getting a vinyl fence then obviously your option would be to build a new wooden fence of similar quality to your previous one and require the neighbor to pay half the cost which would probably be your best bet in this situation. who takes overall responsibility for all aspects of the design and field reviews for the Retaining Wall. Shouldnt they have to replace the fence since they removed it? My neighbor put up a wooded fence 6 inches from the property line on their side of the property. Theres an easement/driveway between my backyard and my neighbors front yard. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. One neighbor is not financially able to split the cost but said he would try and chip in what he could. 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! Allan Block, Earth stone, Keystone, etc.) whose property is the retaining wall actually retaining? Shouldnt we have a right to easily access our own property? They claim they sent us a letter with some sort of ultimatum, but we never received any letter. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. If you are looking for a contractor in the San Francisco bay area to construct your retaining wall, be sure to contact Montclair Construction. Minimum Requirements for Retaining Wall/Level Backfill | Development 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. We did not like it. After I threaten to take him to a small claims court. He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. Labor to build a retaining wall costs from $50 to $75 per hour. 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. Code in most cities is as follows: retaining wall can't be on the property line because the neighbor who is at the lower elevation owns the wall and has to have enough room at the top for proper drain lines. Lateral resistance of each pile: and edge of footing is 1'-6". The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. I am not certain if I have any legal obligation to do anything here. Their fence does nothing to secure my property. We deal solely with fences and decks and not siding, etc. Putting up walls can be a good thing. 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. 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. Who is responsible if a retaining wall on or near property lines - Avvo Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. Everything you need to know about the California Good Neighbor Fence Law! 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? Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. If the project requires consultation with a structural engineer, hourly charges range from $100 to $200 per hour. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. 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! Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? 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. I know this is not exactly fair and therefore a situation like this is best handled by sitting down with your neighbor and trying to have a mature constructive conversation. Our situation is somewhat different then what I have yet read. Anyway, now that I told my story, I want to get your opinion on whether or not I was within my rights (morally and legally), to refuse to pay for a decorative front yard fence that solely compliments his landscape and is not standard in our neighborhood (even though I did end up paying). You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. They are extremely weak and the most a customer should expect from them is a few years life. 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. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. Im in LA county and spoke with a small claims advisor they said that I could sue for half the cost of the job with quotes, but apparently a judge cant order for the consent of the job, but I figure at that point if youve already had to pay you might as well agree to the fix. Who is Legally Responsible for a Retaining Wall My question involves real estate located in the State of: CA (unincorporated Alameda County) I am the uphill homeowner, my neighbor is the downhill owner. Yes, that is correct. We cant move forward with the project without the fence removed. Pile group reduction factors are not applied, 40 kip for extreme limit states. Certified letter of intent A new fence is going up tomorrow. I text him to have proof and he calls me to answer do I have no write that he agree to go half. Retaining walls have to be designed and installed carefully because they shoulder a lot of weight. Your right, the Good Neighbor Law does not cover upgrades or replacing a fence just because it looks bad, yet I will not go into detail regarding this as this information is all clearly stated in the article which you would have known had you fully read it! 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. Both neighbors are 50% responsible according to the CA Good Neighbor Law. Having said this I do not believe what your neighbor has done is in any way illegal and I must warn you should you take this stance and they go about replacing the fence according to the steps necessary in the CA good neighbor law, then you would likely lose in court. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. 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). Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. I am not quite sure I fully understand your question. We saved all receipts from the hardware store. 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. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. If it comes down to it you might need to get a restraining order against him. She is still refusing to do her part. The pool has nothing to do with it. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! We both had existing wooden fences, about 12 apart. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. He would have had to get at least 3 bids from reputable companies and presented all these to you. Am I correct? Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. Hi Annie, thanks for the great question! First point I made was that dont want a wooden fence due to the upkeep of it. I suggest that you not continue the repair until it is determined who is responsible. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. We didnt do anything about it, as we didnt want to cause problems in our first year here. The allowable height of walls is stipulated in the Zoning Code. I am willing to fix it but she wants a new fence. Now we are stuck and the cost is adding everyday to put home on market for sale. If he followed these steps then he could go after you in court and would likely win.
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