retaining wall responsibility california

The existing fence isnt bad at all. 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. Only 43 of that fence serves me, and then my gate encloses my yard. Today I go into my yard to find our shared fence down! If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. First off, please whatever you do, do not pay this man a dime. How is this even possible? 9. As far as tearing down part of his fence. 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. 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. Well, its simpler than that. Their fence does nothing to secure my property. Do we owe anyliability and responsibility to the neighbors? The term good neighbor just refers to the style of the fence. You must pay building, plan check, geotechnical, microfilm, and filing fees. What options do I have? Nolo.com. The rest of the fence between our backyards is fine. We are buying land. Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? 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. Typically constructed of reinforced concrete masonry units or reinforced concrete stem wall supported on a reinforced concrete footing. Although I know this is now besides the point, I would actually always recommend a custom built fence to the prefabricated fence panels they carry at big box stores. and defecate on them. 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. Retaining walls of 50 feet or more typically cost between $4,000 and $10,000. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. 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. The fence currently keeps the neighbors (lot to the east) cattle in. This, as many people know, can be a whole other issue, and information on the collection can be found on your local county court self-help website. Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? Please let everyone know if you have any ideas as to another route to take. I have issues with that because the old fence had the planks on my side. Eventually, we could no longer see the fence from our side. 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. My gate is set back from the street more than my neighbors. 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. Although you didnt follow the steps necessary under the CA Good Neighbor Law, if it were me I would go ahead and take him to small claims court. Without You might want to contact legal counsel to review this matter. Engineering Professional(s) Professional engineers and licensees who are registered or licensed by the . Civ. The Keystone Legacy Block (6 high x 16 wide x 10 deep) product is limited to 3 feet in height or six blocks in height total. 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. It benefits the homeowners as they now have a legal route to take to replace their fences, which obviously is exactly the reason the law was created! A week later, I came home to find a for sale sign in his lawn. 2. when we started doing the siding work. 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. As far as the charging you for cleaning costs, etc. Can I still take him to court. Can she insist on a new fence and I have to pay for half? One section however that was falling down was simply wooden boards. What if the adjacent property is an apartment complex? 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). Another goal of this note is to provide policy recommendations for the future development of tree law in California. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . Would have to agree with Potential Customer partly. My neighbor replaced our old Good neighbor fence. You can state you will fight them in court. However, if the neighborhood has a fence around all properties, it really doesnt matter much if the fence is 1 foot over on his yard. Certified letter of intent 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. The main one being, that they dont benefit from the erection of said fence. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. Lateral resistance of each pile: and edge of footing is 1'-6". Do your neighbors not agree on fixing the fence, what contractor to use, or the price? My neighboring fence completely collapsed during a storm. What happens then? Can my neighbor legally stop me from replacing the fence until we do a survey? 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 only issue that will come into play is the short notice period or your case would be a slam dunk.. #gallery-1 .gallery-caption { If he followed these steps then he could go after you in court and would likely win. Both neighbors are 50% responsible according to the CA Good Neighbor Law. I am very concerned the wall could fall. Compare. The allowable height of walls is stipulated in the Zoning Code. The sides of our yard are 6 white vinyl. Deferred approvals will not be permitted. I am not certain if I have any legal obligation to do anything here. I would then try once more to collect half the costs from your neighbor (although you dont have to do this) and if she continues to refuse you will proceed with filing the lawsuit. (on their property) We were never asked to pay for any of it. Our left siding wall base are dropped to the two neighbors very end of their backyard. In this scenario, would the State law trump the city? In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. 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. There was nothing wrong with previous wood fence it had while home was in escrow. Some retaining walls are structurally necessary, others are purely for looks. 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. Revised on 02-04-2022 A retaining wall is a structure designed and constructed to resist the lateral pressure of soil, when there is a desired change in ground elevation that exceeds the angle of repose of the soil. If so, can I put up planks on my side, once its built? It is entirely visible on their side. The fence needs to be repair. Assuming your neighbor will pay half is incorrect. 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. Every property on the North side has the planks and the on Southern fence you have the 2x4s. I enjoy what I see, therefore Ive decided to follow you. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. We agreed. 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. 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. The wall is leaning significantly toward my property and I am afraid it could fall. All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. margin: auto; ( Remember, we were never approached about this at all. Notice of Intent to Alter Shared Boundary Fence. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! lower soil grade) to the finish grade at the top of the wall (i.e. Therefore it seems to me she is trying to rip you off! 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. She insists I pay half of the new fence. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. They have their vinyl fence and we have our wooden fence (though not economically sound). level backfill only) and the wall does not support a solid fence. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? I think she should pay half. At the very least, even if your neighbor doesnt see your side of the issue and still believes both of you should split the costs evenly, hopefully, you can convey the importance of proper care and maintanence for the new fence in the future to prevent another similar issue down the road. This appears to be the pattern on our block. If it comes down to it you might need to get a restraining order against him. The fence is over 25 years old and the entire fence could stand to be replaced. From boundary line disputes, to one of the more common issues, which is the neighbor(s) outright refusal to help pay for the cost of a new fence, maintenance or repairs. The neighbors stated that we are not allowed to starting the siding job until a agreement drawn by them signed by our contractor, me/owner, and the 2 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! Is there anything I can do to stop neighbors from bullying me? I live downhill from a neighboring house which was built after my house. To further answer your question as to what constitutes a valid reason to replace the fence in the first place, the fence must absolutely be beyond repair and failing. The amount to pay is not a small amount and it can take a long time to collect. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). In other words, it is no longer capable of serving its intended purpose, i.e. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! Our backyard fence (100) is on or rear neighbors front yard side fence. Include good color pictures. margin-left: 0; The neighbor and his fence company will then need to do what any reputable company would do and fix it to make sure both adjoining neighbors are 100% satisfied with the final 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. -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. Were going through a similar situation. margin-top: 10px; 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.) Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. T 604-864-5510 E planning-info@abbotsford.ca Building Permits & Licences 1st Floor, 32315 South Fraser Way, Abbotsford, BC T 604-864-5525 E building-info@abbotsford.ca . It leaves me in this terrible circle. We sent the insurance coverage, licenses. Your neighbor is on the hook for half of the new fence. Do owners of homes with pools fall under a different set of rules. 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. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. Redwood trees at top of slope in his his corner hides the fencing in this area. 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! 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. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. 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! 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. text-align: center; This is if you dont take the proper steps leading up to the construction of the fence. He has the responsibility to pay for half of a fence between yards. There better be good reasons other than make my yard look better. The other option is to get a man you know that is bigger and meaner than him, maybe a brother, friend, cousin, to go confront him and tell him he needs to leave you alone or they will be coming back to pay him another visit. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. #gallery-1 { 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. We were both in agreement to pay half each. Also if you file a small claims suit you can go after him for all your time you spent going after him for the money like the time it took you to go to the courthouse, etc.

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