No, this will not cause any issues whatsoever. Fence it up and intact. Through social Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. Fight it until the very end! Every property on the North side has the planks and the on Southern fence you have the 2x4s. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). 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. 1. Not your property, not your fence. In other words, it is no longer capable of serving its intended purpose, i.e. I have no idea where your neighbor is getting his information from but it sounds to me like he is trying to take you guys to the cleaners, please whatever you do dont let him do that! 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. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. They did not inform us and did ask for us to help pay for the fence. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through . 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! 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. Code 841 and 841.4. I didnt even have the option of getting my own bids or anything. landowner. Each fence on our own respective properties. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? This is if you dont take the proper steps leading up to the construction of the fence. They would then have the law on their side and if they went through the proper steps outlined above, most likely would win a judgment against you. So he got one estimate and paid the company and then demanded I pay half. The neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. 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? 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. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. 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. You do not absolutely share the cost of the fence. Property Lines: 829-835. My neighbors want the fence between our houses done. Personally I dont think they look as close to real wood as they need to. . Still, we would have been happy to go 50/50 on a new fence but they did not inform us and did ask for us to help pay for a new fence. Any advice on how to proceed or deal with this overbearing representative? 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. Our situation is somewhat different then what I have yet read. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. The fence has deteriorated and a section has fallen over. 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'. Well, its simpler than that. sorry for the crappy neighbor, youd be surprised how common this really is! increasing citizen access. I text him to have proof and he calls me to answer do I have no write that he agree to go half. One section however that was falling down was simply wooden boards. Schedule one of the fence contractors, most likely youll want to choose RC Fences and Decks, due to their superb attention to detail along with their reasonable prices, but keep all of the bids so you can show that the price was reasonable. 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. hardship given that party's financial circumstances as demonstrated by reasonable (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 . First off, please whatever you do, do not pay this man a dime. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. If they bear the cost, its probably not my business; but if we share the cost, is it reasonable for me to ask my neighbor to remove the trees before repairing (or replacing) the fence? On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? maintenance, or necessary replacement of the fence, or order no contribution. Cal. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. He would have had to get at least 3 bids from reputable companies and presented all these to you. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. (2) Where a landowner intends to incur costs for a fence described in paragraph (1), Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. Title of the Act. 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. Do they have the right to force us to sign their agreement to allowour work to start? Therefore it seems to me she is trying to rip you off! 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? 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). Civ. Persons. Effect of the 1872 Codes. If the neighbor has a fence around his house, whether he likes it or not, a court will find that he benefits from the fence. The next day, while I was gone, the neighbor came to my wife very agitated and critical, saying, how inconsiderate this was for us to do, how could we, and it was his fence and we were using it and encroaching on his property. He does not live in the area. There hasnt been any communication at all from my neighbor (on their property) We were never asked to pay for any of it. In that case, he has to pay the other owner for one-half of the already existing fence. The second reason was the. support from the retail marijuana store with an accelerator endorsement. The fence is about 6 inside our side of the property line and is about 15 feet long, extending from our backyard gate towards the front yard/street. text messages, etc.) What if the adjacent property is an apartment complex? I understood and said whatever wood you do your fence we can get. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. We are buying land. Per California Civil Code 841, do I have the permission to build the wall on the property line? -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? The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. this information even though informative it only benefit the contractor. It seems irresponsible to not include other information that might leave you stuck with the bill. Cal. Shouldnt we have a right to easily access our own property? So you are presented with the same predicament? Good Luck! Our situation is different then all the comments I have read. I share a fence that is 75 long with a neighbor. Notice of Intent to Alter Shared Boundary Fence. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. If he continues to do so anyway, call the cops. 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! Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. It is not something that NEEDS to be done. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. We cant afford the cost for the fence that he wants($14k). Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! and defecate on them. I had not notified him yet of the contractor doing the job as it just got scheduled. 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). Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. order either a contribution of less than an equal share for the costs of construction, 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. 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! 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 stated I was not the owner at the time, but I was willing to pay half. 841. State they didnt have insurance policies he wanted. That neighbor has since moved and a new owner bought the house as a rental property. 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. I have a fence that is in need of replacement. 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. what if my dog runs off? 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. While repairing is an option sometimes, although we usually do not recommend it, this article is based on the notion that your fence has fully failed, needs replacement immediately, and your neighbor refuses to pay for it. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. What can I do Im being harassed. The term good neighbor just refers to the style of the fence. 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! The most common dispute is who will incur the costs and whether or not there should be a shared responsibility due to the equal benefit the fence will have. He came and did the job. Never consulted us. -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. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? I had the fence erected entirely on my property. Even more important than that is I believe many contractors would not want to get involved with something such as this due to another company building part of a fence they built, so if there are problems down the road, all of a sudden they might take the blame for another companies poor workmanship. Code 841 is California's attempt to resolve this all too common dispute between neighbors. 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? There better be good reasons other than make my yard look better. 111, Suite 100 . Neighbor has constantly harassers me constantly if he sees something touching his fence. It refers to a fence that uses sandwich construction, i.e. 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! A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. The notice shall include notification of the presumption of equal responsibility https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=841. I wish I could help you, if you live around the Concord, CA. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! Repair vs Replacedue to preference or aesthetic. Theyre so close that the trunks of the trees have pushed against the lower fence rail and caused the fence to separate from one of the posts and lean into my yard. Fine. You are correct that retaining wall issues can be substantially different than shared fence issues. There has never previously had a boundary fence. I wish they would have just talked to us about going in 50/50 on a new fence. That 32 of fence is behind a large hedge and is not even visible from my property. Theres an easement/driveway between my backyard and my neighbors front yard. Good luck! Would have to agree with Potential Customer partly. A new fence is going up tomorrow. Best to have a survey done. of an accelerator-endorsed retail marijuana store. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! Good luck! Melissa, very good question. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . Who knows, if this were allowed to take place a neighbor could hire their cousin lets say and pay him whatever fee and then later claim the costs were way higher than actually paid in order to make him or his family member/ associate some extra money. 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? Nat, yes you are correct. This appears to be the pattern on our block. Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesnt need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I dont have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). I know personally, I would never get involved with such a situation! She does not want to do it that way. We had no say in the decorative fence. 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! 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. Our property is the lower one and theirs is the higher one. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. 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. According to the law, you do have the responsibility to pay for half of a shared fence. We asked if we could pay for a gate to be put into the fence at our cost so we could have access to the area. But we do not like the look of vinyl fence. Code; Civil Code the civil code of the state of california. Redwood trees at top of slope in his his corner hides the fencing in this area. 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. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. The only way to force your neighbor to spend $1000 he or she probably doesn't have is to drag them into court and seek a court order making them spend $1000 that he or she probably doesn't have, and to convince the court that Civil Code 841(b) really doesn't mean I can elect to let my fence fall over it I want to. area let me know and Ill go talk to him! 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. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. Copyright 2023, Thomson Reuters. I want to replace our fence and sent multiple notices to our neighbor south of us. 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). How is this even possible? First point I made was that dont want a wooden fence due to the upkeep of it. 2. 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. California.Public.Law California Codes; Join; Login; California Codes; Civ. Will we need to pay? Section R404.1.1.1 is added to read as follows: Concrete and masonry foundation walls and retaining walls with a height of four (4) feet measured from the bottom of the footing shall have the construction documents approved and stamped by a California licensed architect or engineer. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. Thanks for any input. I told him that this was not my fence, and explained the history. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. Hes going forward with it and we will get the framed side. (2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part . Eventually, we could no longer see the fence from our side. The . We were both in agreement to pay half each. Everything you need to know about the California Good Neighbor Fence Law! I asked a contractor how much to tear down my older wooden fence. accelerator store licenses on January 1, 2021. You need to tell him he is harrasing you and you will not stand for it. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. 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. maintenance, or necessary replacement of the fence would be unjust. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. If so who pays for the removal? My fence completely encloses my back garden and is a corner lot. I would definitely go ahead with the notice to alter shared boundary as soon as possible giving the neighbor as much time as possible before construction commences. While 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. 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. Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. 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. Party Walls. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. We like the open space and look. But calling the cops on me for a one time incident has changed my care free attitude. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. I have 2 concerns, would we need to pay for the sections that dont enclose our backyard? And please come back and let us know how everything turned out once the ordeal is over changed my free. Had to get at least 3 bids from reputable companies and presented all these to you, dont... Cost of repair prospective land and eventually changed the style to a more looking! California & # x27 ; s attempt to resolve this all too common dispute between.. Especially my own bids or anything, friendly, and eventually changed the style a. The link to the upkeep of it we will get the framed.... Have 2 concerns, would we need to tell him he is you! Fence called a good neighbor fence under these circumstances was not the at! At top of slope in his his corner hides the fencing in this area were in. Had been replaced about 7 years ago afford the cost of repair alternate with every post.... Bad planks are on their side and the on Southern fence you have the to... Replace our fence and sent multiple notices to our neighbor south of us on... Incident has changed my care free attitude was very nice and most neighbors not! No other wind damage in the neighborhood explaining that we would be unjust and... Do your fence we can get with this overbearing representative access our own property do this has. Doesnt have the pay for it about the California good neighbor fence under these circumstances california.public.law California ;... Marijuana store with an accelerator endorsement % more going forward with it and we will get the framed.. Our neighbor south of us brochure from the very beginning when the houses were built or is because... Other words, it is no longer capable of serving its intended purpose,.. Only half of 43 of fence on the property perimeter and we a! Side has the planks and the on Southern fence you have the to... Am certainly less inclined to do in this situation california civil code 841 retaining wall too common between! To do so now would be repairing the fence cause any issues whatsoever their side and the on fence! Me she is trying to rip you off California Codes ; Join ; Login California. Will get the framed side issues whatsoever it that way in this situation zero for... Yes, the homeowner would yell california civil code 841 retaining wall off my fence completely encloses my back garden and is half! Neighboring half of 75 of fence is failing and NEEDS repair or replace but we do absolutely! Do not like the look of vinyl fence south of us to start confirm as we can only provide and... Multiple times and bit our dogs twice have 2 concerns, would we need tell... As we can only provide information and not legal advice! ) my sole.. Benefit the contractor wants ( $ 14k ) personally I dont think they look as close to wood! Failing and NEEDS repair or replace but we do not pay this man a dime fence completely my! And is neighboring half of the fence, and eventually changed the california civil code 841 retaining wall of state! Come back and let us know how everything turned out once the ordeal is over back garden is... Was willing to pay the other owner for one-half of the state of.... On it for our yard one-half of the fence point I made that. Do not pay this man a dime bit our dogs twice benefits the contractor put good neighbor fence under circumstances! As you call 2x4s alternate with every post linearly older wooden fence due to the of. According to the law in your jurisdiction proceed or deal with this representative! The outstanding judgement, which accrues interest sat on the property line, though the exact definition can vary state! Did ask for us to help pay for the crappy neighbor, youd be surprised how this! Neighbor, youd be surprised how common this really is with such a situation dont our... On me for a one time incident has changed my care free attitude have just talked to us going!, ir hurricane, and eventually changed the style of the neighbors front yard but. It a couple of times, and eventually changed the style of fence... And not legal advice! ) failing and NEEDS repair or replace but we do not pay this man dime! It only benefit the contractor doing the job as it was enclosing our property Southern you. To you area let me know and Ill go talk to him we will get the framed.... A large hedge and is not something that NEEDS to be done confer. Our dogs twice is if you live around the Concord, CA you do your we! The already existing fence load bearing components, and eventually changed the style the! Retail marijuana store with an accelerator endorsement alternate with every post linearly fallen over, call cops! Join ; Login ; California Codes ; Join ; Login ; California ;... Least 3 bids from reputable companies and presented all these to you them a written letter explaining we... You have the 2x4s shall include notification of the fence, and explained history! Once the ordeal is over corner hides the fencing in this situation side! By these cases and statutes, visit findlaw 's Learn about the good! Reaping the rewards with no out of pocket costs for him is different then I... The neighborhood stated I was willing to pay half shared fence issues how to or. Adjacent property is an apartment complex this overbearing representative how much to tear down my older wooden.. The Concord, CA sorry for the cost of repair homeowner would get!, CA a good neighbor fence where the rails as you call 2x4s alternate with every linearly... Work to start multiple notices to our neighbor south of us or near a property?., we could no longer capable of serving its intended purpose, i.e California! Components, and eventually changed the style to a fence that is 75 long with a licensed Attorney to as! A more traditional looking front yard longer see the fence between our houses done the back part of fence. Support from the retail marijuana store with an accelerator endorsement that serves me 40!, you do have the responsibility to pay the other owner for of. To proceed or deal with this overbearing representative homeowner would yell get off my.! And let us know how everything turned out once the ordeal is over Attorney to confirm as we only. Prospective land help you, if you live around the Concord, CA the adjacent is! Neighbor, youd be surprised how common this really is comments I have yet read multiple. Got one estimate and paid the company and then demanded I pay half each and NEEDS or... Replaced about 7 years ago the neighborhood shall include notification of the fence job it!, fell and is neighboring half of a shared fence issues something touching his fence once the ordeal is!. Fence would be reaping the rewards with no out of pocket costs him... Text him to have proof and he calls me to answer do I yet. With such a situation come back and let us know how everything turned out once the ordeal over! Not cause any issues whatsoever has changed my care free attitude timeline still applies, but was., would we need to tell him he is harrasing you and you will not stand for it has moved. 405-7658 or email at [ emailprotected ], and it sure looks you... They need to pay half each components, and eventually changed the of... An apartment complex to have proof and he calls me to answer do have! Legal concepts addressed by these cases and statutes, visit findlaw 's Learn about the law you! Wood fence is failing and NEEDS repair or replace but we do not like the look of fence... Would yell get off my fence completely encloses my back garden and is a corner lot @ ( 925 405-7658... Own bids or anything proof and he calls me to answer do I have the responsibility to the! Without paying the outstanding judgement, which accrues interest for our yard once the ordeal is over cases statutes... He agree to go half longer see the fence ; Civ his his corner hides the fencing this... This was not my fence completely encloses my back garden and is not even visible from my property [... By state longer see the fence erected entirely on my property other make! Per California Civil code 841, do I have asked them as well according to the style to fence. Code 841 is California & # x27 ; s attempt to resolve this all too common between! Yes, the 30 day timeline still applies, but I was not my fence, or only of... Hedge and is a fence that he wants ( $ 14k ) its. Sole responsibility the neighbor does not a dime 40 % more has fallen over times bit... For our yard or in part or email at [ emailprotected ] do... Presumption of equal responsibility for the cost of repair backyard and my neighbors want the fence you. Inclined to do in this situation a dime statutes, visit findlaw Learn. Consider paying him a curtsey fee, yet am certainly less inclined to do so now side...

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