This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! The judge will side with you; you are in the right in this case! I mentioned it to my neighbor and he does not see anything wrong with the two fences. However, you can be right and still have to pay for the whole fence. Can I still take him to court. He has not responded to my texts since May as to when he will replace the fence. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. Do they have the right to force us to sign their agreement to allowour work to start? Labor costs for . The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). The wall is leaning significantly toward my property and I am afraid it could fall. There is a rebuttable presumption that can be overcome. The fence is horrible now because it does not match existing and neighbor says too bad, that I had agreed to the estimate, even though I had sent link to what I wanted. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. If so, can I put up planks on my side, once its built? First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. I text him to have proof and he calls me to answer do I have no write that he agree to go half. requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. It is not something that NEEDS to be done. This definition also applies to freestanding pool walls. In order to do so, he has to place a retaining wall to hold the dirt in place. Neighbor has constantly harassers me constantly if he sees something touching his fence. } Examples of surcharges are: 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! 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. 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. This is simply the exposed wall height and it is for this reason that the Planning, Inspections and Permitting Department interprets UBC 106.2, item 5 as follows: A building permit shall not be required for retaining walls that are not over 3 feet in exposed wall height unless supporting a surcharge . Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? 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). Fast forward 30 days the fencing contractor pushes us out to May. Would have to agree with Potential Customer partly. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. What options do I have? The fence does not enclose their front yard but is still a neighboring fence. I am currently dealing with a neighbor that is refusing to fix our shared fence. We had no say in the decorative fence. Am I still responsible for half? and defecate on them. If it comes down to it you might need to get a restraining order against him. She has to get three separate estimates and then you two can agree as to which company to go with. We agreed. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. The fence falls after he rent it out to another family who as well as me has 3 large dogs. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. Engineering Professional(s) Professional engineers and licensees who are registered or licensed by the . Every state interprets use differently. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. Right now, we have a block wall fence between my neighbors house and ours. This was attached to the existing sideyard fence that was part of the developments construction. Seemed fair. When water causes property damage -- flooded basements, collapsing retaining walls, or soggy gardens, for example -- feuds between neighbors often result. I noticed this when it was almost done. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. Also, it would be good to know for the future in case it happens again. Thanks for any input. Typically, H-piles are drilled or driven at regular intervals along the planned excavation perimeter, cast in to concrete pier hole. Its an aesthetic preference that she wants a brand new fence. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. As the wall is next to a footpath lying within the adjoining owners land, ownership of the wall to establish who is liable for the cost of repairs has become an issue. 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. We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. Paying in full and go to court is not a good resolution to this situation. We both want to replace it. Each fence on our own respective properties. This applies to those who live in rural areas where fences are not as common and many landowners dont want to build or maintain a fence around their property. A lot of people make the argument that since they dont care if their property has a fence or not, they arent benefiting from the fence. What i am doing after reading your sites info: Retaining Walls Retaining walls are frequently used to stabilise and modify slopes, level sites, and correct grade differences between properties. Michael, thanks for the question. Thank you Jason, I appreciate the advice! 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. The fence was not leaning and still standing up and was holding up to natural elements such as wind but the neighbor claimed he or his dog could break the planks. It has to be built tough and allow drainage without giving way. Will we need to 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. But calling the cops on me for a one time incident has changed my care free attitude. Maldri, I would recommend that you try and sit down with your neighbor and explain to them that the wall they built along with the overwatering is causing the fence to fail prematurely and see if they are willing to make the necessary changes to prevent this from continuing to take place. You do not absolutely share the cost of the fence. 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. This height does not include the wall and depth of footing below grade. 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. Construction details, including retaining wall cross section. #gallery-1 { 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. ( Remember, we were never approached about this at all. Well, its simpler than that. 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! On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. The fence is old and grey but was being maintained with new planks when needed. I bought my house last year and my neighbors decide to redo their fence . 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. Allan Block, Earth stone, Keystone, etc.) Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? 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? Can we keep the planks and not remove it? Thanks! What other option does a homeowner have if their fence is failing miserably and needs replacement immediately, yet their neighbor refuses to pay a dime? If there is a better option out there please let all our readers, as well as I, know! I suggest that you not continue the repair until it is determined who is responsible. Im looking forward to returning to your website. Fight it until the very end! 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. 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. Flooding, surface runoff, and even leaking sprinklers can spark disputes between neighbors. First point I made was that dont want a wooden fence due to the upkeep of it. 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. ( 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. I had the fence erected entirely on my property. 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. I asked a contractor how much to tear down my older wooden fence. Call Now (925) 405-7658[email protected] RC Fences and Decks Est. 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. Where it is on the property line, they need to get your permission before building it, and should attempt to come to an agreement on the price. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. 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. 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. I told him I would also throw my neighbor a bone. Cantilever or segmental gravity retaining walls with an exposed wall height of three feet or less, where the retained soil does not support a surcharge (i.e. Based on this minimum footing thickness, a retaining wall with a maximum retained wall height of 4 feet would correspond to maximum exposed wall height of 3 feet. What is hus responsibility and should I bear any ? 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. Neighbor wants to replace fallen fence due to construction on his property. Lateral resistance of each pile: and edge of footing is 1'-6". There are many reasons disputes may arise between neighbors when it comes to fences. This is very true OriginalWally, thank you very much for the information! Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? I have a fence that is in need of replacement. 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? 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 understood and said whatever wood you do your fence we can get. It is very good you havent paid anything for it yet. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! They did not inform us and did ask for us to help pay for the fence. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. 3 quotes Our side of the fence with the 2x4s looks ugly and unfinished. Any advice on how to proceed or deal with this overbearing representative? 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! that would force him to install another 3 foot rod iron fence on his property. It sounds like you own a condo and that it might be a party wall. Melissa, very good question. He was not nice when I went out to talk to him about it. That 32 of fence is behind a large hedge and is not even visible from my property. A new fence is going up tomorrow. So, like many, I have a real A-hole neighbor! 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. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. Practical Uses & Property Aesthetics While these panels may look nice on the store shelves, they are made from inferior wood products and generally all the lumber is dimensionally smaller. Are we under any legal obligation to pay him a penny? You need to tell him he is harrasing you and you will not stand for it. Nolo.com. what if my dog runs off? My neighbors have large trees, poor maintenance in vegetation that is against our fence. The fence is solely your responsibility. I wish they would have just talked to us about going in 50/50 on a new fence. It was always referred to as their fence, and nobody else could touch it. 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. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . I have a neighbor that replaced my fence on one side. Some homeowners don't like enlisting the help of professionals when building at home, but this isn't the time for that. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. (I believe youve already tried this approach and it failed?). In order for the walls to be treated as separate retaining walls, a general rule of thumb is that the tiered walls be horizontally offset by a minimum distance of two times the exposed wall height of the lower wall. 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. I toll my husband to get if fix with out any response from him. 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. I told them they need to trim back their trees and shrubs and that I would be getting estimates to repair the fence and take them to small claims court. area let me know and Ill go talk to him! 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. I do not think this qualifies for a Good neighbor fence. I want to get this done the sooner the better and he has not giving me a response since December 2020. I am on disability and cannot afford to even split the cost really. Exposed Wall Height is the vertical distance measured from the finish grade at the bottom of the wall (i.e. We intend to remove the fence. I stated I was not the owner at the time, but I was willing to pay half. poor maintenance, or sprinklers hitting the fence, etc., causing damage to the fence, therefore, causing the fence to have to be replaced before it should have with proper care and maintenance. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. My question involves real estate located in the State of: California. Brian, sounds like you have it pretty much figured out. What can I do Im being harassed. The rest of the fence between our backyards is fine. 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 . 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. Subscribe to our mailing list to get news and discounts. Bonde v. Bishop, 245 P.2d 617, 621 (Cal. The main one being, that they dont benefit from the erection of said fence. Construction Landing Page Pro Theme by: Rara Theme. 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. Does it? If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. Neither of these block types is recommended when the retaining wall is supporting a sloping backfill, any other surcharge or a solid fence. Some retaining walls are structurally necessary, others are purely for looks. 2. margin: auto; The lagging effectively resists the load of the retained soil and transfers it to the piles. Retaining walls have to be designed and installed carefully because they shoulder a lot of weight. 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 It sounds to me like your new neighbors are bullies and I wouldnt let them push you around.
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