against one of my trees. Do they have the right to force us to sign their agreement to allowour work to start? First off, it might end up looking funny as often different fence companies use different grades of wood from different suppliers as well as have their own building techniques which may not match the other contractors. 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. I did not understand exactly but saw it was the same price and pressure treated, etc. I wasnt even the owner when he decided to build the block fence. 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. 8 years ago I was worried that my dog would get injured by the new neighbors aggressive bulldog so I suggested we put up a new fence, he said sure as long as I replaced with heavy duty commercial chain link with slats (original is a leaning 42 yr old commercial chain link with broken and missing wood slats). https://california.public.law/codes/ca_civ_code_section_841. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? 1810.4.1.4 Driving Near Cased Concrete. I bought my house last year and my neighbors decide to redo their fence . 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. And approached us in an aggressive and very critical manner. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. 841. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through . 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. Except on the front portion which is in my front yard. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. Per California Civil Code 841, do I have the permission to build the wall on the property line? 2020 California Code Civil Code - CIV DIVISION 2 - PROPERTY PART 2 - REAL OR IMMOVABLE PROPERTY TITLE 3 . Michael, thanks for the question. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. I just had a fence erected between me and my neighbor. That 32 of fence is behind a large hedge and is not even visible from my property. Can we keep the planks and not remove it? Hope this fully answers your question, if you have any further questions please let us know. CIVIL CODE 895 - 945.5 . I have a 5 acre property with no HOA or perimiter fence requirements. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. 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! (Personally, I think we paid for the whole fence for him.) 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). As far as tearing down part of his fence. Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. Does this mean both neighbors are responsible for the cost of the retaining wall as well? It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. The fence boards (good side) all face our property, the framing is all on their side. First is to let the neighbor know if his legal responsibility to pay for half the fence. I have owned my house since it was built, in the early 70s. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. UBC 106.2, item 5 states that: "A The fence does not enclose their front yard but is still a neighboring fence. He has not responded to my texts since May as to when he will replace the fence. Our situation is different then all the comments I have read. The neighbor is bullying you in order to make money off you. We cant afford the cost for the fence that he wants($14k). 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. 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. licensee to exercise the privileges of a retail marijuana store licensee on the premises Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? Persons. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. 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. Good luck. There is no splitting costs here as there is not shared structure. Also was there a fence there before that is falling apart. 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! 1. Contact us. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. I noticed this when it was almost done. the fence. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. That could mean you document the bad shape of the fence and just build it exactly on the property line, while leaving the bad fence on his property, and then send him a bill for half. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. Copyright 2023, Thomson Reuters. 841. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. Thank you for your article. 1. 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. Neighbor wants to upgrade the whole new fence and pay for the whole project. neighbors. 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! California Civil Code 841.4 declares that any fence exceeding 10 feet in height that was "maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance.". There were 3 major mistakes on his part. 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. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. Spite Fence Law: 841.4. In that case, he has to pay the other owner for one-half of the already existing 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. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? Our property is the lower one and theirs is the higher one. Cal. 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. 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. We just accepted that it was their fence, since we didnt approve it to be on the property line or attached to the main sideyard fence, and we were forbidden to touch it. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. Redwood trees at top of slope in his his corner hides the fencing in this area. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! You are correct that retaining wall issues can be substantially different than shared fence issues. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. Then his brother who lives in the house said he would do it and never provided quotes. Concrete shall not be placed in casings within heave range of driving. But did not want to go through our contractors. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. Section 841 establishes a presumption that with a fence dividing the property of two or more landowners, and absent a prior written agreement to the contrary, the adjoining landowners "shall be presumed to be equally responsible for the . What was the outcome regarding the neighbors trees/vegetation ruining your fence? (1) A retail marijuana accelerator store license may be issued to a social equity So you are presented with the same predicament? She has to get three separate estimates and then you two can agree as to which company to go with. We had no say in the decorative fence. This applies only if the fence is currently directly on the dividing lot line. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. How is this even possible? It does not extend the full length of the front yard (only about 15 feet of 45 or so). It leaves me in this terrible circle. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. I talked to the contractors and they felt bad no notice was given. 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. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? 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'. The boundaries and monuments between them; 2. I still cant see this fence from my property. Good Luck! Our left siding wall base are dropped to the two neighbors very end of their backyard. 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. Part of the fence is now leaning into the neighbors property. Can my neighbor legally stop me from replacing the fence until we do a survey? Two questions: Our neighbor wants to replace the fence with vinyl fence. text messages, etc.) Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. Fence it up and intact. What happens then? The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. Brian, sounds like you have it pretty much figured out. But we do not like the look of vinyl fence. Secondly, I wouldnt pay them a dime if I were you. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. His tenant dog Kill my dog. I stated I was not the owner at the time, but I was willing to pay half. The main one being, that they dont benefit from the erection of said fence. I am not quite sure I fully understand your question. Im just wondering if the wording of the invoice would create any sort of legal rights to the neighbor; if so, should I have the contractor change the wording? 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). According to the law, you do have the responsibility to pay for half of a shared fence. 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. construction, maintenance, or necessary replacement of the fence. My fence completely encloses my back garden and is a corner lot. My neighbors have large trees, poor maintenance in vegetation that is against our fence. Shirley Jean. 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. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? One neighbor is . Never asked for financial help. Im looking forward to returning to your website. I am willing to fix it but she wants a new fence. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. proof. Many legal problems can arise otherwise. Notice of Intent to Alter Shared Boundary Fence. He said that would be nice, as most people do not do that. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. 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? Here is a short section of the actual law to better explain what I mean by this: Boundary fences sit on the boundary line between two properties. Simple as that. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? (4) Where a party rebuts the presumption in paragraph (1) by a preponderance of the The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). and the proposed timeline for getting the problem addressed. increasing citizen access. the court shall consider all of the following: (A) Whether the financial burden to one landowner is substantially disproportionate Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. It refers to a fence that uses sandwich construction, i.e. 111, Suite 100 . Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. There is a fence that runs right through our parcel it is aprox. Penal Code 384a. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. Best to have a survey done. 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