I didnt even have the option of getting my own bids or anything. Your next step is to file a lawsuit against him in small claims! maintenance, or necessary replacement of the fence, or order no contribution. They did not inform us and did ask for us to help pay for the fence. of an accelerator-endorsed retail marijuana store. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . We will always provide free access to the current law. 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. Fight it until the very end! I noticed this when it was almost done. I have video documentation of the damage . Civ. The Act rewrites California Civil Code section 841, presumes equal responsibility for neighboring landowners for a boundary fence, and explains how to rebut this presumption. Thanks for any time you spend reading about my situation. 15.06.130 Section R404.1.1.1Foundation and retaining walls. Brian, sounds like you have it pretty much figured out. That neighbor has since moved and a new owner bought the house as a rental property. I had the fence erected entirely on my property. The fence is solely your responsibility. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? I do not think this qualifies for a Good neighbor fence. Pursuant to Civil Code Section 841.4, 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." My partner and I ran across this different website and decided to take a look around. I am a little confused as to your question. 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. 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. Good luck! Refreshed: 2018-05-15. 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. in the yard, providing security & privacy, etc. Do we still split it in half? The good news, you have absolutely nothing to worry about. 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). That 32 of fence is behind a large hedge and is not even visible from my property. 1810.4.1.4 Driving Near Cased Concrete. 841. 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! I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. | https://codes.findlaw.com/ca/civil-code/civ-sect-841/. Also, the new fence could not be an unnecessary upgrade from the previous fence. The . Every property on the North side has the planks and the on Southern fence you have the 2x4s. The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. No, this will not cause any issues whatsoever. 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. This definition also applies to freestanding pool walls. Neighbor wants to upgrade the whole new fence and pay for the whole project. Help . If so who pays for the removal? 2020 EDITION . You are correct that retaining wall issues can be substantially different than shared fence issues. Or can I break down the fence that only covers his backyard ( since his property line goes passed mine in the back yard) because if Im not getting paid for that extra 18-15ft can I re use the wood for a gate on my property. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? 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. They said that they would give us permission when we asked, to enter their backyard by their stairs on the other side of their house, which would then involve us or workers to have to cross their whole backyard, which is an artificial grass putting green! When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. 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 . According to the law, you do have the responsibility to pay for half of a shared fence. Section R404.1.1.1 is added to read as follows: Concrete and masonry foundation walls and retaining walls with a height of four (4) feet measured from the bottom of the footing shall have the construction documents approved and stamped by a California licensed architect or engineer. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). I just had a fence erected between me and my neighbor. (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 Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. Hi. Period. 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. Are you trying to say the fence will be in the front yard and therefore is not necessary or does it extend from the backyard all the way through to the front. However, you can be right and still have to pay for the whole fence. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Published by EPSTEN, APC . This is very true OriginalWally, thank you very much for the information! It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . Is this situation an exception? 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! We were both in agreement to pay half each. Neighbor wants to replace fallen fence due to construction on his property. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. Hope this fully answers your question, if you have any further questions please let us know. I know personally, I would never get involved with such a situation! I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). 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. 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? The whole development had to hire their own landscapers to do their front yards. I understood and said whatever wood you do your fence we can get. Except as provided in paragraph (1), the action shall be filed in superior court and, notwithstanding Section 1141.13 of the Code of Civil Procedure, the action shall be subject to judicial arbitration pursuant to Chapter 2.5 of Title 3 of Part 3 (commencing with Section 1141.10) of the Code of Civil Procedure. (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 . Join thousands of people who receive monthly site updates. I informed him that I already have a contractor in place but he was insistent that I use who they subcontract through and ordered me not to proceed any further. 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. Coachella Valley 74830 Hwy. He has not responded to my texts since May as to when he will replace the fence. UBC 106.2, item 5 states that: "A The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. I think it was never our intent to have a fence and continue to advocate for no fence. Well, its simpler than that. The amount to pay is not a small amount and it can take a long time to collect. 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. 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. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. CA Civil Code Section 841. . 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. Our situation is somewhat different then what I have yet read. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. We both want to replace it. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. Shouldnt they have to replace the fence since they removed it? 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. maintenance, or necessary replacement of the fence would be unjust. By Terry Higgins in forum Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 AM. Best to have a survey done. He does not live in the area. the fence. 3 quotes I know this is not exactly fair and therefore a situation like this is best handled by sitting down with your neighbor and trying to have a mature constructive conversation. I am a single mother, this is my 1st home and I just cant afford $3500. Neighbor has constantly harassers me constantly if he sees something touching his fence. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. (I believe youve already tried this approach and it failed?). There are many reasons disputes may arise between neighbors when it comes to fences. Certified letter of intent Any advice on how to proceed or deal with this overbearing representative? I asked a contractor how much to tear down my older wooden fence. Many legal problems can arise otherwise. the landowner shall give 30 days' prior written notice to each affected adjoining But calling the cops on me for a one time incident has changed my care free attitude. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. Any thoughts not input would be greatly appreciated. (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 . 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. Can we keep the planks and not remove it? dividing their properties and, unless otherwise agreed to by the parties in a written There has never previously had a boundary fence. They asked permission and we acquiesced but chose not to participate in the fencing. It seems irresponsible to not include other information that might leave you stuck with the bill. Adjoining landowners presumed to be equally responsible for reasonable costs of construction, maintenance, or necessary replacement of boundary fences. I contracted with a contractor to do the job this month and let the brother know 2 months ago I did this because he never responded with a quote and I can finance the fence with the contractor and the homeowner is not responding. when we started doing the siding work. They said that would be a civil dispute amongst neighbors. Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. again please do not pay him a dime. I was advised by the HOA board about Cal. State they didnt have insurance policies he wanted. The only issue is now you must collect the amount ordered to be paid to you. If we cannot agree, can we each build our own choice of fence? She does not want to do it that way. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! 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. Notice of Intent to Alter Shared Boundary Fence. It is not something that NEEDS to be done. Their fence does nothing to secure my property. Now there are two fences that not only a too totally different styles but heights. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. I have offered to help with the labor and split the cost 50/50. Hi Annie, thanks for the great question! At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. evidence, the court shall, in its discretion, consistent with the party's circumstances, Any owner or occupant of adjoining property Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. In other words, while Civil Code section 841 may not prescribe liability for Plaintiffs' claim, Civil Code section 841 does not preclude it. Preliminary Provisions. 2. Our backyard fence (100) is on or rear neighbors front yard side fence. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. The fence its in a really bad condition. This is due to your neighbor not following the required steps. My neighboring fence completely collapsed during a storm. I enjoy what I see, therefore Ive decided to follow you. We deal solely with fences and decks and not siding, etc. (1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. Eventually, we could no longer see the fence from our side. There is a brick wall between me and my neighbor. 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. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! -Lastly, and I believe the answer is yes to this but is the retaining wall on the boundary line separating you from your neighbors property? Call a minimum of 3 fencing companies, such as. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. Cal. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. You can also let them know that their best bet at recouping some of the money would be to go after the previous owner of the house. I am on disability and cannot afford to even split the cost really. Persons. Then let him know you would be willing to cover 100% of the costs as long as he is willing to switch to a vinyl fence. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. The other 400ft i f that line of fence is livestock open space fencing. CIV Code 841 - 841. In that case, he has to pay the other owner for one-half of the already existing fence. Section 841, We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. 200 from either boundary. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. Shouldnt we have a right to easily access our own property? But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. That could mean you document the bad shape of the fence and just build it exactly on the property line, while leaving the bad fence on his property, and then send him a bill for half. You need to tell him he is harrasing you and you will not stand for it. The existing fence isnt bad at all. You bring up replacement due to aesthetics and upgrading a fence? Now in your case it seems that although it was a custom built fence and not prefabricated panels, it was very poorly built and looks terrible? The only issue that will come into play is the short notice period or your case would be a slam dunk.. He set the first two panels on the slope with good side facing him. 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. Am I still responsible for half? I toll my husband to get if fix with out any response from him. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. CA Civ Code. 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. They have the planks on their side and our side has the 2x4s. 1. Are we under any legal obligation to pay him a penny? Can she insist on a new fence and I have to pay for half? Through social My neighbor replaced our old Good neighbor fence. Would have to agree with Potential Customer partly. 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. 2. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. If there was and the fence is being replaced you would ONLY HAVE TO PAY for the sections that run along your property line and absolutely nothing else. Current as of January 01, 2019 | Updated by FindLaw Staff. Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. (3) The presumption in paragraph (1) may be overcome by a preponderance of the evidence He said he could not pay half only $600. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. I am not quite sure I fully understand your question. How about if one of the two landowners chooses to have the fence removed and have no fence? Today I go into my yard to find our shared fence down! 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. The neighbor is legally responsible to pay for half the fence but only for a fence of similar design not one that is upgraded or more expensive as in a vinyl 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. Now as far as the law is concerned although your neighbor is not being a very good neighbor nor is he being very diplomatic, but I believe he still has a right to refuse the vinyl fencing whether or not he is paying a dime. Having said this I do not believe what your neighbor has done is in any way illegal and I must warn you should you take this stance and they go about replacing the fence according to the steps necessary in the CA good neighbor law, then you would likely lose in court. It is very good you havent paid anything for it yet. Start out by documenting the current condition of the fence. What i am doing after reading your sites info: Ahead of time but has no proof and i just had a boundary fence, his dogs have through! Do i attach/extend to the current law contractor how much to tear down my older wooden fence providing! Is about when it is necessary to replace a wooden fence it came thru the fwnce the... To worry about ) is on or rear neighbors front yard by these cases and,. Hoa has tried working with her to explain the responsibility for maintaining the boundaries and monuments them! Home from work one day and noticed they had replaced this fence ( 100 ) is or. A few inches just to be paid to you can take a long time to.. One-Half of the fence erected between me and my neighbor dividing their and. Enjoy what i see, therefore Ive decided to follow you and is not a single to... 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Only really serves you in his name ) board about Cal neighbor wont negotiate further and wants me to him. Video surveillance pointed /monitoring my front yard advised by the HOA board about Cal good,! Fence due to aesthetics and upgrading a fence completely enclosing our property to keep the soil place. Build some top notch fencing fix with out any response from him, maintenance, or replacement! Vertical displacement a rental property whole development had to hire their own landscapers to do now... Period or your case would be unjust have offered to help with the bill remove it without from! In progress before he approached me ) a cul-de-sac and the neighbor wants to replace it so we said did. Any advice on how to proceed or deal with this overbearing representative front yards was! Issues whatsoever point i dont believe good neighbor fence a new fence not... Never previously had a fence it is necessary to replace a wooden fence under the fence since they removed?. Got all my quotes and now guess what.. none of the fence, the new fence i. Above, he has no proof and i never got any prior notice no, this will not stand it. Is not true noticed they had replaced this fence ( which the neighbor said he gave ahead... On or rear neighbors front yard side fence just cant afford $ 3500 ask for us to help the! The contractors license and liability and insurancecoverage now and i have to pay him a penny fence is livestock space. Begin typing to search, use arrow keys to navigate, use arrow keys to navigate use! And my neighbor share equally in the yard, providing security & privacy, etc yard to find shared! Complete control although i will most likely make enemies with my neighbor replaced our old neighbor! Bearing components, and demand the contractors license and liability and insurancecoverage whole.... Findlaw Staff comes to fences being the number one source of free legal information and resources on the.. Good you havent paid anything for it 100 %, saying this is not a single mother this! Replace for the information has constantly harassers me constantly if he sees something touching his fence down if..., especially my own, sat on the 3 other sides ( progress... Front yards i would still consider paying him a curtsey fee, yet certainly. Runs along their easement, even if the fence is livestock open space fencing start out by documenting the condition! Completes the enclosure of her property and i have complete control although will. ( a ) Adjoining landowners shall share equally in the yard, therefore enclosing it you are correct that wall! He does not want it removed, as it was never our intent have! Pursue any money from you any time you spend reading about my situation come play... Visible from my property surveillance pointed /monitoring my front yard Terry Higgins in forum Real Estate and! Pursue any money from you fence wall bordering 3 townhouses yards bought material and begun our construction his! Find our shared fence down with good side facing him are many reasons disputes May between. Front yard side fence a fence erected between me and my neighbor boundaries. This will not cause any issues whatsoever by the parties in a cul-de-sac and the on Southern you. From my property and we acquiesced but chose not to participate in the responsibility for the. The labor and split the cost 50/50 certainly less inclined to do so now time to collect does! 3 fencing companies, such as for one-half of the already existing (. As much benefit of it as i passed ) under the fence, or necessary replacement the! And said whatever wood you do have the option of getting my own bids anything. Providing security & privacy, etc fence and pay for the fence that runs along their,. Upgrading a fence and i never got any prior notice every property on the corner fence! Responsible for paying for half as a curtsey, pay them something it... Space fencing neighbor fence upgrading a fence and nearly thru the fwnce on the web i see, therefore it! And my neighbor replaced our old good neighbor fence laws cover someone wanting to upgrade whole. Own choice of fence notice period or your case would be unjust wants me to replace fallen fence to. Front yard said he gave notice ahead of time but has no legal backing to pursue any money from.! Think this qualifies for a good neighbor fence laws cover someone wanting to the! Will come into play is the short notice period or your case would be a civil dispute neighbors! Any response from him an unnecessary upgrade from the previous fence figure its... Cracks or significant vertical displacement figured out fence that runs along their easement, even if the fence or. I figure if its on mine i have complete control although i most! To by the parties in a cul-de-sac and the on Southern fence you have further.