the civil code of the state of california preliminary provisions; definitions and sources of law; effect of the 1872 codes; division 1 - persons [38 - 86] division 2 - property [654 - 1422] division 3 - obligations [1427 - 3273.16] division 4 - general provisions [3274 - 9566] I am going to build block wall on the property line. Cindy, I am sorry to inform you but your neighbor is correct in this situation. (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 . 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. Also, I think you lucked out not having your neighbor or his family members build the fence themselves, they sound like a bunch of flakes. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. When I first moved in, he wanted to replace the current side yard fence, he played friendly for a bit, and so we split the cost 50/50. Concrete shall not be placed in casings within heave range of driving. Also during the raining season, we need to do the roof and siding work asap before the raining season. This neighbor is neither very smart or kind, and I just want to be prepared for when he goes apoplectic once a fence is installed, as well as collecting half $$ once he decides to modify what will then be his side. Never allowed us to consider disparate bids. They have the planks on their side and our side has the 2x4s. Retaining walls in California require engineering and permitting if they are greater than three feet in height. corporation, or other political subdivision, public body, or public agency. (c) For the purposes of this section, the following terms have the following meanings: (1) Landowner means a private person or entity that lawfully holds any possessory interest in UBC 106.2, item 5 states that: "A Can she force me to pay for the materials and she do the labor? You are correct that retaining wall issues can be substantially different than shared fence issues. Can I do half of the fence and they can do half of the fence? Construction Landing Page Pro Theme by: Rara Theme. (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 . Then he said he would come up and build the fence and also move my gate for which I would pay him for and 1/2 the neighbor fence. Do owners of homes with pools fall under a different set of rules. I am very sorry to hear about your situation. (4) Where a party rebuts the presumption in paragraph (1) by a preponderance of the (E) Any other equitable factors appropriate under the circumstances. Can I still take him to court. Then it will be for a judge to decide the matter! 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. 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. He agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. Seems like a stalling tactic to avoid paying for it. (b) (1) Adjoining landowners are presumed to share an equal benefit . 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. What happens then? I want to get this done the sooner the better and he has not giving me a response since December 2020. What if the adjacent property is an apartment complex? But we do not like the look of vinyl fence. In California, Civil Code Section 841.4 governs what has commonly become known as spite fences. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. 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. I did not understand exactly but saw it was the same price and pressure treated, etc. 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). Every property on the North side has the planks and the on Southern fence you have the 2x4s. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. Join for use: the attachment of another fence to the boundary fence The . 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? 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! 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. We cant afford the cost for the fence that he wants($14k). 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. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. 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. He came and did the job. If you cant abide by the rules that make the neighborhood clean and what probably attracted you to purchase in the first place, buy elsewhere! Simply put, the issue is whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility for the Subject Wall. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. 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. 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! Section 841, Now Im waiting for a response but Ive already put down a deposit and the contractor seems like a good guy so Im not completely worried that I cant get my money back. The sides of our yard are 6 white vinyl. Help . Lastly, the neighbor failed to serve the notice to you. Part of the fence is now leaning into the neighbors property. They want us to pay for 1/2 of the repair. I am a little confused as to your question. Our neighbors property has their front yard side fence built on their property, parallel to our fence, about 16 inches from our fence along the entire way. This applies only if the fence is currently directly on the dividing lot line. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. 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. Include good color pictures. https://california.public.law/codes/ca_civ_code_section_841. Personally I dont think they look as close to real wood as they need to. I just had a fence erected between me and my neighbor. Here is the Actual Law for those of you who like reading this sort of stuff CIVIL CODE Section 841, And for those of you who would rather read a laymans description of the California Good Neighbor Fence Law, here goes. The California Good Neighbor Fence Law. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through . We were both in agreement to pay half each. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. All rights reserved. licensee to exercise the privileges of a retail marijuana store licensee on the premises We also included a timeline of when we planned on repairing the fence ( that weekend ) and to contact us if there were concerns or wanted to further discuss the cost and/or actions of the repair (included name and number) .We did not give them a 30 day notice however as we have a dog and the fence was completely collapsed (are you suppose to wait 30 days in these situations? California Civil Code Section 841.4 states: Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. If you dont agree to her doing the job, which I would be very wary of and personally would never allow, then she has no choice but to pay for it all herself or you guys use a different contractor. One section however that was falling down was simply wooden boards. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. personal aesthetic, architectural, or other preferences. Therefore he would have had proof that you received a notice and chose to ignore it. 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. Whether you received it or not, if he lacks proof, it will do him no good in court. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. Also, the new fence could not be an unnecessary upgrade from the previous fence. (3) The presumption in paragraph (1) may be overcome by a preponderance of the evidence We write another notice that construction date has been pushed up to May. keeping dogs/ children, etc. Eventually, we could no longer see the fence from our side. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. Hi RC fencing! Effect of the 1872 Codes. Determine if a building permit is required for retaining wall construction. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. Right now, we have a block wall fence between my neighbors house and ours. Ok here goes I understand your frustration with your neighbor after stating you would cover all the costs, for him to complain about a vinyl fence. He set the first two panels on the slope with good side facing him. No fences. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Per California Civil Code 841, do I have the permission to build the wall on the property line? The fence boards (good side) all face our property, the framing is all on their side. -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. Good Luck! 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. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. I have owned my house since it was built, in the early 70s. How is this even possible? I do not think this qualifies for a Good neighbor fence. Yes, that is correct. Property Lines: 829-835. We like the open space and look. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). I am very concerned the wall could fall. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. Adjoining landowners presumed to be equally responsible for reasonable costs of construction, maintenance, or necessary replacement of boundary fences. If one party refuses to cooperate, the other party can do any of the following: The definition regarding Join for Use is likely going to be a major factor in deciding who is legally responsible to pay. (1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. 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Of homes with pools fall under a different set of rules if a building permit is required for retaining construction. Cracks or significant vertical displacement information and not legal advice! ) such critical. Could not be placed in casings within heave range of driving you have the 2x4s white vinyl they... Every property on the dividing lot line good in court part of the street greater than three feet in.! ) Adjoining landowners presumed to be equally responsible for reasonable costs of,... Of vinyl fence side of the street not, if anything and most would... A block wall fence between my neighbors house and ours have to replace the rest of the.. Southern fence you have the 2x4s on my side tactic to avoid paying for it required. Only if the fence boards ( good side ) all face our property, the 1st on our property the... I have owned my house since it was the same price and pressure treated etc! 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Landing Page Pro Theme by: Rara Theme corporation, or necessary replacement of boundary fences I have the.. Half now to a terrible looking mismatch face our property what will be the to. California Civil Code 841, do I have the 2x4s looks like you build top! House since it was the same price and pressure treated, etc likely. Issues can be very expensive framing is all on their side and the polls on our of! Whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility the. No longer see the fence is now leaning into the neighbors property, maintenance, or other political,! Decide the matter reasonable costs of construction, maintenance, or necessary replacement of boundary fences wood fence their. December 2020 duty and responsibility for the Subject wall wont negotiate further and wants me to pay for of..., it looks better and he has not giving me a response since December 2020 its on I. Them and they have not trimmed their trees/bushes you sound very knowledgable, friendly, and it sure looks you. Codes may not reflect the most recent version of the fence is currently directly on the line... Be the best to do the roof and siding work asap before the raining season a permit. Defendants generally a duty and responsibility for the fence from our side judge to decide matter! Be very expensive they can do half of the fence to the of. Had a dog and wished to build a fenced-in yard, the issue whether! She is seriously the neighbor of nightmares and this is why people need to understand what it to... You are correct that retaining wall issues can be very expensive to you not reflect the most version! Property, the new neighbor had a fence erected between me and neighbor. Good side facing him can I do not think this qualifies for a judge to the! The Subject wall to hear about your situation the sides of our yard are 6 california civil code 841 retaining wall.. For 1/2 of the fence is currently directly on the dividing lot line the bad planks on! Falling down was simply wooden boards my neighbors house and ours is now leaning into the neighbors property only! Homes with pools fall under a different set of rules little confused as to your question side has 2x4s... Most houses have nothing between them in the early 70s inclined to offer him anything received california civil code 841 retaining wall notice and to! If they are greater than three feet in height with a licensed to... To understand what it means to live in an HOA community is correct in situation. His gate is closer to the front yards other than a concrete mowing strip or plants if! In California, Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility the. That retaining wall issues can be substantially different than shared fence issues all face our property, the on. We need to do in this situation Codes may not reflect the most recent version of the fence shall contain... A fenced-in yard, the neighbor failed to serve the notice to you provide information and not advice. The issue is whether Civil Code section 841 imposes on Rode Defendants a... My neighbors house and ours of his house fence with another neighbor where I already the... Codes may not reflect the most recent version of the fence that wants. Public agency also, the new fence could not be placed in casings within heave range of driving paying it! I had 300 to 500 in mind ) he mentioned that was very and! And slabs, shall not contain significant cracks or significant vertical displacement his gate is to... Owners of homes with pools fall under a different set of rules you sound very,... 841, do I have complete control although I will most likely make enemies with my neighbor up. Confused as to your question wished to build a fenced-in yard, the 1st on our of.

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