retaining wall responsibility california

We did not like it. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. There is no splitting costs here as there is not shared structure. In order to do so, he has to place a retaining wall to hold the dirt in place. Essentially, neighbors are required to refrain from doing anything to their land that undermines a neighbor's land; or if they do, they're required to shore it up properly at their own expense. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. Schedule one of the fence contractors, most likely youll want to choose RC Fences and Decks, due to their superb attention to detail along with their reasonable prices, but keep all of the bids so you can show that the price was reasonable. I have 2 concerns, would we need to pay for the sections that dont enclose our backyard? width: 50%; 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. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! Our neighbor just built a fence on the property line without any discussion with us that separates our 2 lower side yards, so we now have no access to the area under our side stairs. Whatever their purpose, retaining walls come in infinite shapes, sizes and styles. I have a fence that is in need of replacement. I think it was never our intent to have a fence and continue to advocate for no 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. 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. The neighbor has a large tree that pushed against the fence along with an old mattress behind their shed that did not help with the fence integrity. If you are looking for a contractor in the San Francisco bay area to construct your retaining wall, be sure to contact Montclair Construction. I have been a general contractor for nearly 20 years, a carpenter longer than this and a construction law attorney for over 10 years and I can recall the uphill neighbor being responsible for a retaining wall on only rare occasions. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. I stated I was not the owner at the time, but I was willing to pay half. Reduce to suit the length of footing. Many legal problems can arise otherwise. Our situation is different then all the comments I have read. Call us for a free consultation Contractors and homeowners are usually more aware of the vertical offset between the upper and lower grade elevations that will be required for the retaining wall. 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 . 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. Typically constructed of manufactured (i.e. 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. 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. Since the water is now drawing towards my side of the property. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. He then ghosted me, my mother. If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. 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. However our back fence was not vinyl, but an older wooden fence, in some need of repair. It blocks NOTHING in only on their side, which is why they want it done. It leaves me in this terrible circle. Some retaining walls are structurally necessary, others are purely for looks. Two questions: 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. It gets a little complicated when it comes to retaining walls. I am a single mother, this is my 1st home and I just cant afford $3500. Today I go into my yard to find our shared fence down! Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. area let me know and Ill go talk to him! Use of tiered walls is a special condition where two or more short walls, horizontally offset from one another, are used in lieu of a single tall retaining wall. (510) 547-2457 First off, please whatever you do, do not pay this man a dime. My partner and I ran across this different website and decided to take a look around. This guy is very unstable and recently called the cops on me for vandalizing his toyota camary because my sprinkler popped and (lightly) sprayed his cars passenger side, which he berated me for. As you might imagine, this is a fairly unusual scenario. It is a common misconception by builders, designers, landscape contractors, pool contractors and homeowners that this section of the UBC allows retaining walls of up to 4 feet in exposed wall height to be constructed without a permit, regardless of the back slope conditions. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. The fence is solely your responsibility. 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. I want to replace our fence and sent multiple notices to our neighbor south of us. Start out by documenting the current condition of the fence. Part of the fence is now leaning into the neighbors property. There better be good reasons other than make my yard look better. UBC 106.2, item 5 states that: A building permit shall not be required for retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge . I wasnt even the owner when he decided to build the block fence. It has to be built tough and allow drainage without giving way. this information even though informative it only benefit the contractor. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. The property line shows that the easement belongs to my neighbors parcel. As an example, two tiered retaining walls each with an exposed wall height of 3 feet, and level back fill that are horizontally offset by a distance of 2 feet would be treated as a single 6 foot tall wall and as a result, a building permit would be required. I did not understand exactly but saw it was the same price and pressure treated, etc. Detail(s) are to be wet stamped and signed by a California registered civil or structural engineer. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. The fence is attached on two sides to my neighbors existing fence. Do they have the right to force us to sign their agreement to allowour work to start? 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. Once your neighbor sees that you are suing him for considerably more than half the cost of the fence that you initially requested he will likely want to pay you the initial amount immediately. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. We both want to replace it. Am I correct? The fence is leaning and needs to be replaced. The fence its in a really bad condition. Can I do half of the fence and they can do half of the fence? Remember he I Said they should of waited till the house was under my name and I would of helped out. Thank you for your article. What can we do? We live on a hillside, so our backyard is 3 stories down. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. 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. Thank you! Personally I dont think they look as close to real wood as they need to. If the project requires consultation with a structural engineer, hourly charges range from $100 to $200 per hour. } This definition also applies to freestanding pool walls. Retaining walls have to be designed and installed carefully because they shoulder a lot of weight. and defecate on them. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. Period. The fence needs to replace much of it because of the poor maintenance on my neighbors side. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? 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. Our backyard neighbors dont trim their trees (70 feet high) or their shrubs and now a few sections of the fence are leaning in our backyard due to the foliage pushing against and through the fence. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). 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. It only benefits them. Construction Landing Page Pro Theme by: Rara Theme. Our side of the fence with the 2x4s looks ugly and unfinished. 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. Join for use: the attachment of another fence to the boundary fence Neither of these block types is recommended when the retaining wall is supporting a sloping backfill, any other surcharge or a solid fence. } The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. 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. This has been on going for 3 years. The neighbor also has a pool. She is still refusing to do her part. I share a fence that is 75 long with a neighbor. Home About Us Notice of Intent to Alter Shared Boundary Fence. It is not something that NEEDS to be done. } For segmental gravity retaining walls, the detail(s) must clearly identify the block manufacturer; block type, drainage requirements, and maximum wall height. First is to let the neighbor know if his legal responsibility to pay for half the fence. I just had a fence erected between me and my neighbor. Hope this fully answers your question, if you have any further questions please let us know. The whole development had to hire their own landscapers to do their front yards. The other 400ft i f that line of fence is livestock open space fencing. My fence completely encloses my back garden and is a corner lot. 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 fence needs to be repair. Read on to learn about property line and fence laws in California. My neighbor agreed to pay half the cost of putting in a new fence. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. The fence does not enclose their front yard but is still a neighboring fence. In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a few exceptions. (Personally, I think we paid for the whole fence for him.) When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. Also was there a fence there before that is falling apart. All the Best. 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, the biggest one is if everything you say is correct, there was not a valid reason to replace the fence in the first place. The most common dispute is who will incur the costs and whether or not there should be a shared responsibility due to the equal benefit the fence will have. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. Would have to agree with Potential Customer partly. I told him that this was not my fence, and explained the history. Is this situation an exception?

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