retaining wall responsibility californiaretaining wall responsibility california

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. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. We agreed. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. 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). 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. Failure of your wall could lead to landslides or other unfortunate occurrences. Retaining walls have to be designed and installed carefully because they shoulder a lot of weight. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. As you might imagine, this is a fairly unusual scenario. I just had a fence erected between me and my neighbor. Vancouver, BC Generally speaking, if a fence or retaining wall is on your neighbour's side of the property line, then they're responsible for paying for it. 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. Only one of them communicated this to us. A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. I suggest that you not continue the repair until it is determined who is responsible. 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. What happens then? Some homeowners don't like enlisting the help of professionals when building at home, but this isn't the time for that. 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. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Thank you for your comment/ queston! 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. Those people moved out and a new family moved in. As I just stated I would be very hesitant to allow her to build the fence for two reasons. It seems irresponsible to not include other information that might leave you stuck with the bill. He has not responded to my texts since May as to when he will replace the fence. 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. PDF IR 16-3: EARTH RETAINING SYSTEMS WITH PRECAST CONCRETE OR - California 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. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! It refers to a fence that uses sandwich construction, i.e. Legal Question in Real Estate Law in California Who is responsible for a Retaining Wall? Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. The good news, you have absolutely nothing to worry about. Fight it until the very end! But we do not like the look of vinyl fence. Retaining wall law | Legal Advice - LawGuru Complete Guide To Retaining Walls and Your Home | Square One 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. Remember he Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. 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. Not your property, not your fence. So you are presented with the same predicament? then more than likely a judge is going to side with you. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. Also during the raining season, we need to do the roof and siding work asap before the raining season. The existing fence isnt bad at all. It blocks NOTHING in only on their side, which is why they want it done. or Contact us Here. I have a shared fence with my neighbor and we plan to share the cost of a new fence equally since it collapsed with strong winds a few months ago. It is not something that NEEDS to be done. Hi RC fencing! Thanks. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Some retaining walls are structurally necessary, others are purely for looks. Retaining wall responsibility - Legal Answers - Avvo 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. Thanks! I want to replace our fence and sent multiple notices to our neighbor south of us. california civil code 841 retaining wall - handsawpress.com You must then pay the contractor in full. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. Cindy, I am sorry to inform you but your neighbor is correct in this situation. They claim they sent us a letter with some sort of ultimatum, but we never received any letter. 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. If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. 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. I built my house many years ago. text messages, etc.) 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. } Therefore you will need to pay 100% of the costs of replacement! Neighbor and I share a panel/lattice on top fence for most of our shared fencing. One neighbor is not financially able to split the cost but said he would try and chip in what he could. What should I do? Also was there a fence there before that is falling apart. It is entirely visible on their side. 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. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. We cant afford the cost for the fence that he wants($14k). Typically constructed of manufactured (i.e. I appreciate your advice. Then his brother who lives in the house said he would do it and never provided quotes. This height does not include the wall and depth of footing below grade. Each fence on our own respective properties. 2016 Family Owned and Operated Get a FREE Estimate! 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. The fence needs to replace much of it because of the poor maintenance on my neighbors side. Include good color pictures. Retaining Wall Cost: Labor Prices and Material Estimates - Forbes But calling the cops on me for a one time incident has changed my care free attitude. A retaining wall supports the land and is designed from bricks, timber, masonry, concrete bags, or suitable material. They have their vinyl fence and we have our wooden fence (though not economically sound). He did not cut the wood to fit the slope setting the first panel adjacent to backyard neighbor fence up off the ground, leaving a large, hollowed out, open area in the slope on my side which now will cause erosion, and I believe failure of the fence when winter comes. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. I gave them 15 days to accomplish this and also gave my phone number. This guy is very unstable and recently called the cops on me for vandalizing his toyota camary because my sprinkler popped and (lightly) sprayed his cars passenger side, which he berated me for. 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. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). Two questions: 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 . 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. Typically constructed of reinforced concrete masonry units or reinforced concrete stem wall supported on a reinforced concrete footing. 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. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. Never asked for financial help. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. I sent the neighbors a demand letter as they would not answer the door to us for several months of trying (nearly a dozen times). There better be good reasons other than make my yard look better. Property Line and Fence Laws in California - FindLaw Maximum spacing between piles is shown. I wish they would have just talked to us about going in 50/50 on a new fence. 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. Whether you received it or not, if he lacks proof, it will do him no good in court. You can require or exclude terms using + and -: big +blue drop will require a match on blue while big blue -drop will exclude results that contain drop. He asked us to help pay for the leaning retaining wall between our properties. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. Certified letter of intent 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? 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! 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! Our situation is somewhat different then what I have yet read. For example, Keystone limits their Garden Wall (4 high x 12 wide x 9 deep) product to 2 feet in height or six blocks in height total. 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. If you are looking for a contractor in the San Francisco bay area to construct your retaining wall, be sure to contact Montclair Construction. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. Sager v. O'Connell :: :: California Court of Appeal Decisions Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. I am not quite sure I fully understand your question. He came and did the job. I hope I am understanding your question here correctly?? 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. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. In relation to dividing fences, the Department of Housing and Works has produced an excellent booklet - "Dividing Fences", which can be freely downloaded at www.dhw.wa.gov.au. Our neighbor just built a fence on the property line without any discussion with us that separates our 2 lower side yards, so we now have no access to the area under our side stairs. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. They had a 5 day notice from time of the written letter to the fence being repaired. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! Eventually, we could no longer see the fence from our side. However, it was brought to my attention that the retaining wall the fence is on is failing and will need to be replaced before the fence can go up. Also, the new fence could not be an unnecessary upgrade from the previous fence. Allan Block, Earth stone, Keystone, etc.) How is this even possible? 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. Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. text-align: center; Period. Your situation is one I have not directly encountered yet, so I will give you my best educated answer, yet please check with a lawyer to be 100% positive. A week later, I came home to find a for sale sign in his lawn. 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. 40 Retaining Wall Ideas That Will Elevate Your Landscaping Ct . upper soil grade). when we started doing the siding work. Typically, H-piles are drilled or driven at regular intervals along the planned excavation perimeter, cast in to concrete pier hole. 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. I call upset that he has been pettt by ignoring not just me and my mother but the 2 contractors we tired to hire for this shared fence. 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. Yet, if the yards were already fenced in previously, and if you have other fences connecting to the one in question, you are more than likely going to get a judgment against you for half the cost. I have offered to help with the labor and split the cost 50/50. I wish I could help you, if you live around the Concord, CA. If you have any questions or want an estimate dont hesitate to contact us. The cost of rebuilding a retaining wall on appellants' property cannot be held to be equivalent to the cost of restoring respondent's property to its original condition by mere speculation and without some evidence, and the finding of damages is therefore not supported by the evidence. whose property is the retaining wall actually retaining? Yes, that is correct. 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. ( However in our mind that project was 2 to 3 years away as we were already spending more on other priority projects) I noticed this work going on on the last day the contractor was finishing up. All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. I would have appreciated knowing in advance as I have dogs. Lastly, the neighbor failed to serve the notice to you. Please let us know what better route there is to take, I am sure all our readers as well as I would love to hear all the other options out there! He then ghosted me, my mother. Engineering Professional(s) Professional engineers and licensees who are registered or licensed by the . Most likely your neighbor did it purely for aesthetic reasons, and that is not a valid reason if he wished to be reimbursed for half the costs down the road. For example, if the lower wall is three-feet . 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. width: 50%; Secondly, I wouldnt pay them a dime if I were you. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! 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. Thank you for your article. 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. Notice of Intent to Alter Shared Boundary Fence. 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). 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. It clashed with the style of our house. The term good neighbor just refers to the style of the 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. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). The property line shows that the easement belongs to my neighbors parcel. 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. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? So if the wall was built because your neighbor (when the property was graded) wanted to level his yard he had to replace the lateral support to your property by building a retaining wall. We were gone for a free days, and the contractor had a job cancel, so he asked if he could come early and remove the 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! Having said this I can see where he is coming from, many people are still on the fence as to whether they like the look of vinyl fence yet. We intend to remove the fence. walls and retaining walls supporting more than 6 feet (1.83 m) of backfill height due to design earthquake ground motions Due to the variability in soil properties throughout the County of Los Angeles, the design professional must take care in his or her analysis of basement and site retaining walls. They put up white posts and rails, tan slats. It gets a little complicated when it comes to retaining walls. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. for court! He offered to remove our old wooden fence for $600.00. We have both got estimates that are similar in price. against one of my trees. He has the responsibility to pay for half of a fence between yards. It happens all the time. That 32 of fence is behind a large hedge and is not even visible from my property. 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. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. 30 kip for strength limit states. retaining wall: [noun] a wall that is built to keep the land behind it from sliding. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. If they dont listen, then you can inform them you are monitoring and documenting the issue and when the time comes to replace the fence you will not be paying 50% of the costs due to their actions causing the premature failure. As long as you have proof that your neighbors shed caused all the damage due to being improperly anchored down, then I would not accept any responsibility and pay a dime to make the repairs, instead demand he do so! I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. 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! I Said they should of waited till the house was under my name and I would of helped out. 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. (on their property) We were never asked to pay for any of it. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. Home About Us My neighbor put up a wooded fence 6 inches from the property line on their side of the property. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. The main one being, that they dont benefit from the erection of said fence. (510) 547-2457 3 quotes Our neighbor wants to replace the fence with vinyl fence. Paying in full and go to court is not a good resolution to this situation. Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). What can I do Im being harassed. First point I made was that dont want a wooden fence due to the upkeep of it. The development has remained pretty much the same over the years, and only a handful of people chose to put up decorative front yard fences. Retaining Walls Retaining walls are frequently used to stabilise and modify slopes, level sites, and correct grade differences between properties. This is the height referred to in UBC 106.2, item 5 and it includes the wall and depth of footing below grade. Deferred approvals will not be permitted. Check if your spelling is correct, or try removing filters. It does not enclose anything but does offer some privacy to us in our driveway and kitchen and to their front yard facing bedroom window. I did not understand exactly but saw it was the same price and pressure treated, etc. Complete design calculations and details of the retaining system shall be submitted to DSA for review and approval with the contract drawings and specifications. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly.