We are buying land. During these early years, most of the neighborhood had children. Now there are two fences that not only a too totally different styles but heights. They have the planks on their side and our side has the 2x4s. My last correspondence by text with the homeower who lives out of the area is if you want it done now you can do that and pay for it all yourself. They said that would be a civil dispute amongst neighbors. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. According to the law, you do have the responsibility to pay for half of a shared fence. I text him to have proof and he calls me to answer do I have no write that he agree to go half. Your article however is stating there is a State law that says otherwise. If he continues to do so anyway, call the cops. I know personally, I would never get involved with such a situation! He insists that he could build his side of the wooden fence and our other side if I split the cost with him. (2) The state licensing authority shall begin accepting applications for retail marijuana As far as tearing down part of his fence. I kind of felt backed into a corner and found myself becoming a bit defensive to where I dont even wanna deal with this representative for the rental company. He said that would be nice, as most people do not do that. Civ. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . 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. Thank you, 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. Legal Help for Real Estate Ownership and Title - Fences and Walls: CALIFORNIA We have a bid from a licensed contractor for $1300 to replace the fence and. We agreed. Secondly, I wouldnt pay them a dime if I were you. Shirley Jean. The wall is leaning significantly toward my property and I am afraid it could fall. So Im in very different situation from any Ive read. 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. The fence boards (good side) all face our property, the framing is all on their side. Hes going forward with it and we will get the framed side. corporation, or other political subdivision, public body, or public agency. Neighbor wants to upgrade the whole new fence and pay for the whole project. Next door landlord(just purchased the land) approach me daughter of owner of the house & ask to sloppy cost on shared fence that was very water damaged. We want to remove the fence on our land, so we can access 100% of our land from our entry gate. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. Im 21 year old I have put a little more then 1,400 in this fence (redwood) I told him 800+ was material we can go half on that. In summary, I WOULD NOT pay your neighbor a dime, as he not only replaced a fence that didnt need to be replaced in the first place, but he did not follow the proper steps in order to be able to collect half the costs fro0k you via the courts. A week later, I came home to find a for sale sign in his lawn. With an issue such as a retaining wall which was put in place due to an excavation, you should look to California Civil Code Section 832, which governs the adjacent owners right to lateral and subajacent support. I appreciate your comment, but you must realize the majority of the time, these cases will be fought in small claims court by neighbors without much legal knowledge or without additional attorneys and the judge will likely follow the letter of the law. I just had a fence erected between me and my neighbor. The existing fence isnt bad at all. Civ. (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 . You do not absolutely share the cost of the fence. Therefore it seems to me she is trying to rip you off! They asked permission and we acquiesced but chose not to participate in the fencing. order either a contribution of less than an equal share for the costs of construction, Civil Code 841.4 governs what has become known as "spite fences" - "a 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." Even trees and hedges planted in a row to form a . We sent the insurance coverage, licenses. Determine if a building permit is required for retaining wall construction. Neighbor and I share a panel/lattice on top fence for most of our shared fencing. Also, the fence was still in decent shape and we hadnt planned on replacing soon. I Said they should of waited till the house was under my name and I would of helped out. 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. 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. 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). She just moved into the neighborhood in December, but the strong winds we had back in January/February left us both with a collapsed fence. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. Thank you. One neighbor is not financially able to split the cost but said he would try and chip in what he could. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. Stay up-to-date with how the law affects your life. 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. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. My gate is set back from the street more than my neighbors. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). The amount to pay is not a small amount and it can take a long time to collect. He was not nice when I went out to talk to him about it. Any thoughts not input would be greatly appreciated. He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. It is not something that NEEDS to be done. One side of my fence is 630ft of that side 220ft of the fence are a neighbors backyard privacy fence that the builder put in. Wed be up for taking down the existing fence down and adding new planks to our side of the new fence but arent sure about it since its 4 inches away from the original fence. 2. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. Seems like a stalling tactic to avoid paying for it. 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. As far as extending the fence, as long as it was built on the boundary line between your two properties, I do not see why you couldnt continue the fence off the post where he ended the one he built. Do we owe anyliability and responsibility to the neighbors? Many legal problems can arise otherwise. hardship given that party's financial circumstances as demonstrated by reasonable I have a fence that is in need of replacement. The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. a picture frame fence since it looks the same from both sides, or when a basic nail-up fence is built with alternating panels, hence both neighbors get equal shares of the bad and good sides. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. I did not understand exactly but saw it was the same price and pressure treated, etc. that would force him to install another 3 foot rod iron fence on his property. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. what if my dog runs off? when we started doing the siding work. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. 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'. 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. However, the fence installed has a deep setback, meaning half our lots side yard has new fencing, and the other half has no fencing at all (dont think it ever did). Neighbor wants to replace fallen fence due to construction on his property. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. Do not do so! What happens then? We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. In determining whether equal responsibility for the reasonable costs would be unjust, But calling the cops on me for a one time incident has changed my care free attitude. Also a small child or animal could possibly get into his yard and get in his pool. Do they have the right to force us to sign their agreement to allowour work to start? They claim they sent us a letter with some sort of ultimatum, but we never received any letter. 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. Hi. this information even though informative it only benefit the contractor. Shouldnt we have a right to easily access our own property? 6, 2016). 1810.4.1.4 Driving Near Cased Concrete. My property is the second house from a corner, so I have 5 neighbors around my property. Cal. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. If and when we need to replace the fence sooner that should have to be, what action should I take since he doesnt seem to comprehend that what he has done is probably illegal. Will Biden's Student Loan Program Survive the Supreme Court. Today the homeowner is tearing down a portion of the fence and replacing it with no notice and said he is not replacing the whole fence as we agreed nor my gate. 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. Search California Codes. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. 1. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. 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. (Personally, I think we paid for the whole fence for him.) 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. 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. Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. support from the retail marijuana store with an accelerator endorsement. What is hus responsibility and should I bear any ? (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 . Are we under any legal obligation to pay him a penny? 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! They did not inform us and did ask for us to help pay for the fence. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. I am not certain if I have any legal obligation to do anything here. I want to replace our fence and sent multiple notices to our neighbor south of us. Fight it until the very end! Call a minimum of 3 fencing companies, such as. the boundaries and monuments between them. I will have to replace the rest of the fence to install the gate since I am moving it. 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. The fence is old and grey but was being maintained with new planks when needed. Whether you received it or not, if he lacks proof, it will do him no good in court. 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! Location: 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. 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). (2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part . What i am doing after reading your sites info: The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! 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). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=841. 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. Then his brother who lives in the house said he would do it and never provided quotes. 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. (ii) The extent to which the costs of the project appear to be the result of the landowner's the landowner shall give 30 days' prior written notice to each affected adjoining Is it his right to put the framed side facing us? 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! Where a party rebuts the presumption in paragraph (1) by a preponderance of the evidence, the court shall, in its discretion, consistent with the party's circumstances, order either a contribution of less than an equal share for the costs of construction, maintenance, or necessary replacement of the fence, or order no contribution. The answer is a definite NO She cannot make up the rules and make you agree to her installing the fence while you pay for all the materials. Each fence on our own respective properties. 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). Both property owners own the fence erected between the property lines when both use it. The second reason was the. Personally I dont think they look as close to real wood as they need to. -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. 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. State they didnt have insurance policies he wanted. 2020 California Code Civil Code - CIV DIVISION 2 - PROPERTY PART 2 - REAL OR IMMOVABLE PROPERTY TITLE 3 . Civ. 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. Per California Civil Code 841, do I have the permission to build the wall on the property line? 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. Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. If we cannot agree, can we each build our own choice of fence? Do your neighbors not agree on fixing the fence, what contractor to use, or the price? 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. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. CA Civ Code. You bring up replacement due to aesthetics and upgrading a fence? sorry for the crappy neighbor, youd be surprised how common this really is! Now we are stuck and the cost is adding everyday to put home on market for sale. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. 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). or maintenance costs involved to address the problem, the proposed cost sharing approach, In this scenario, would the State law trump the city? https://california.public.law/codes/ca_civ_code_section_841. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. (on their property) We were never asked to pay for any of it. I paid for the whole thing and did not ask the neighbor for any help or money. I toll my husband to get if fix with out any response from him. I have a 5 acre property with no HOA or perimiter fence requirements. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. They always ignored them, I eventually thought they just dont care and I made it clear Im not looking for any money if they cant afford it. (C) Whether the financial burden to one landowner would impose an undue financial 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. 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. 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. for the reasonable costs of construction, maintenance, or necessary replacement of 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! There were 3 major mistakes on his part. If he followed these steps then he could go after you in court and would likely win. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. California Criminal Statute. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! . The division fence law was amended in 2013: The Good Neighbor Fence Act of 2013 is a clarification and modernization of California's 140-year-old neighborhood fence statute. 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! 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. 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. As I just stated I would be very hesitant to allow her to build the fence for two reasons. Original Source: Since the water is now drawing towards my side of the property. Eventually, we could no longer see the fence from our side. Lastly, the neighbor failed to serve the notice to you. As long as you took the proper steps in contacting the owner, getting multiple bids which you presented to him, and hopefully sent him a notice a month prior to starting the work of Intent to Alter Shared Boundry, than according to the CA Good Neighbor Law he is legally responsible to pay you half the costs. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. Thank you for your article. Our situation is different then all the comments I have read. 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. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. 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] Triple damages. He has not responded to my texts since May as to when he will replace the fence. Melissa, very good question. 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? He then re does his 3 sides but not our shared said nor buy material for it or even ask us to go half for the cheaper material. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! I have offered to help with the labor and split the cost 50/50. It just appeared one day. 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. Make a demand to the neighbor for half of the costs. It only benefits them. Section 841 establishes a presumption that with a fence dividing the property of two or more landowners, and absent a prior written agreement to the contrary, the adjoining landowners "shall be presumed to be equally responsible for the . Given that party 's financial circumstances as demonstrated by reasonable I have to our... And upgrading a fence, it will do him no good in court and would likely.... To poison from above and it is my sole responsibility, load bearing components, and slabs shall cause... Vinyl so I have the responsibility to pay him a penny need to do him no good court! No out of pocket costs for him. call the cops common really... 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