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Can my neighbor legally stop me from replacing the fence until we do a survey? I would send them a letter certified mail with return receipt requested (for proof should you need it down the road) to immediately stop[ all harassment against you, state that you will not be paying them a dime as you were not the homeowner at the time of replacement, and should they wish to take you to court, go ahead! Will Biden's Student Loan Program Survive the Supreme Court. CA 92131 . 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). ( 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. What was the outcome regarding the neighbors trees/vegetation ruining your fence? A week later, I came home to find a for sale sign in his lawn. He also damaged a small two foot retaining wall that serves in that corner of my yard as a decorative feature as well as a way to halt erosion. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! Good luck! There is no splitting costs here as there is not shared structure. Now the neighbor wants the planks that my husband nailed to be removed. 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. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! Yes, there are no provisions in the statute to account for one neighbors actions, i.e. the landowner shall give 30 days' prior written notice to each affected adjoining During these early years, most of the neighborhood had children. It seems we can not agree. He was not nice when I went out to talk to him about it. They have the planks on their side and our side has the 2x4s. 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. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. 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. entrepreneurship, were lowering the cost of legal services and and the proposed timeline for getting the problem addressed. In determining whether equal responsibility for the reasonable costs would be unjust, You bring up replacement due to aesthetics and upgrading a fence? Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. (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 . If we cannot agree, can we each build our own choice of fence? Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. I still cant see this fence from my property. How do I keep the gap clear or how can I get my neighbor to allow a new fence on the property line (since he has 2 large dogs it cant come down without his participation)? HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. Simply put, the issue is whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility for the Subject Wall. and defecate on them. We are planning on filling our in-ground pool and need a shared fence temporarily removed to allow for pool demolition equipment to enter the backyard. I am sorry I am reading this over and I think I understand your question. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=841. I text him to have proof and he calls me to answer do I have no write that he agree to go half. Must give adjoining landowner 30 days' notice before beginning work. She does not want to do it that way. 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. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. for the reasonable costs of construction, maintenance, or necessary replacement of 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. Your situation is one I have not directly encountered yet, so I will give you my best educated answer, yet please check with a lawyer to be 100% positive. This is if you dont take the proper steps leading up to the construction of the fence. Start out by documenting the current condition of the fence. I am on disability and cannot afford to even split the cost really. Then it will be for a judge to decide the matter! I bought a newly built home in 2000. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. accelerator store licenses on January 1, 2021. 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. (2) Where a landowner intends to incur costs for a fence described in paragraph (1), what if my dog runs off? Fine. Thank you for your comment/ queston! 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. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . Any owner or occupant of adjoining property Those people moved out and a new family moved in. (a) Adjoining landowners shall share equally in the responsibility for maintaining Does this remove us from mutual benefit responsibilities and paying half of the replacement? California Civil Code Section 841.4 states: Any 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. 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. We live on a hillside, so our backyard is 3 stories down. 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. order either a contribution of less than an equal share for the costs of construction, He came and did the job. Civ. Is there anything I can do to stop neighbors from bullying me? By Terry Higgins in forum Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 AM. Jim, thank you for the great question. Now we are stuck and the cost is adding everyday to put home on market for sale. He said he will take me to small claims if I do not pay him. It blocks NOTHING in only on their side, which is why they want it done. 3. Construction Landing Page Pro Theme by: Rara Theme. Neighbor does not want half he wants full amount. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. The neighbors called and threatened to sue us. (D) The reasonableness of a particular construction or maintenance project, including Your next step is to file a lawsuit against him in small claims! I am going to build block wall on the property line. Certified letter of intent What options do I have? when we started doing the siding work. And approached us in an aggressive and very critical manner. This has been on going for 3 years. the boundaries and monuments between them. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. Any advice on how to proceed or deal with this overbearing representative? 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 . His tenant dog Kill my dog. 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. Well, I wish I could give you better advice but the matter is in your neighbors hands. all of the following: (i) The extent to which the costs of the project appear to be unnecessary or excessive. 1. 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! What if the adjacent property is an apartment complex? I have a shared fence with my neighbor and we plan to share the cost of the fence equally. 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. Your right, the Good Neighbor Law does not cover upgrades or replacing a fence just because it looks bad, yet I will not go into detail regarding this as this information is all clearly stated in the article which you would have known had you fully read it! Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. I will have to replace the rest of the fence to install the gate since I am moving it. 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 never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. real property before and after its installation. Best to have a survey done. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through . 841. Michael, thanks for the question. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. It is not something that NEEDS to be done. Consequently, when a fence needs repair, both property owners must share the cost. 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. 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. Cal. I am very sorry to hear about your situation. No, this will not cause any issues whatsoever. It gets a little complicated when it comes to retaining walls. California Criminal Statute. Therefore you will need to pay 100% of the costs of replacement! As far as the charging you for cleaning costs, etc. It refers to a fence that uses sandwich construction, i.e. The law becomes a little unclear in instances such as yours but the major factor which is going to decide who is legally responsible is whether or not you have a fence around any part of your yard that is connected to this fence that he wants you to pay half of to replace? It was always referred to as their fence, and nobody else could touch it. 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 fence needs to replace much of it because of the poor maintenance on my neighbors side. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. Property. This morning we came to see that the townhouses HOA just took it upon themselves to remove the back wall so now we no longer have a back fence wall! Cal. Cite this article: FindLaw.com - California Code, Civil Code - CIV 841 - last updated January 01, 2019 I am a single mother, this is my 1st home and I just cant afford $3500. First off, does she have the expertise to build a fence like a company that specializes in building fences and provides a warranty, which your not going to get with her? The California legislature amended Civil Code Section 841, effective January 1, 2014, to clarify in modern English the statute's original intent, i.e., that neighbors gain mutual benefits from the construction and maintenance of a boundary fence between their properties and are therefore appropriately presumed to share equally in the need to contribute to the construction and maintenance of . licensee to exercise the privileges of a retail marijuana store licensee on the premises Code 841 is California's attempt to resolve this all too common dispute between neighbors. 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). 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. 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. Personally I dont think they look as close to real wood as they need to. 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. The neighbor verbally agreed to this via texts and I sent quotes via texts. Retaining Walls & Definitions A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. 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. to the benefit conferred upon that landowner by the fence in question. He came and took measurements and then said he would have to contact the homeowner to get approval and that I would have to use their contractor. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. Shouldnt they have to replace the fence since they removed it? I do not think this qualifies for a Good neighbor fence. However they want to put a new retaining concrete wall and then put the fence on top. I understood and said whatever wood you do your fence we can get. Our side of the fence with the 2x4s looks ugly and unfinished. this information even though informative it only benefit the contractor. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. What happens then? The fence does not enclose their front yard but is still a neighboring fence. They claim they sent us a letter with some sort of ultimatum, but we never received any letter. I noticed this when it was almost done. 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. If he followed these steps then he could go after you in court and would likely win. I have no contract with the men who put up my fence since there both Nccrc union works who pick this up as a side job. According to the law, you do have the responsibility to pay for half of a shared fence. Fence it up and intact. The judge will side with you; you are in the right in this case! I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. The fence needs to be repair. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. The neighbor is bullying you in order to make money off you. What recourse do I have? again please do not pay him a dime. This year the fence is leaning towards our house and part of the fence is on the ground, my wife got 3 bids and has contacted a contractor to build a new fence she sent a letter to the gentleman to tell him we are going to replace the fence and He sent us an e mail and I quote as for sending me a bill for my portion of the fence, since I personaly did not agree to participate in the replacement there for I will not pay anything. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . personal aesthetic, architectural, or other preferences. 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. California.Public.Law California Codes; Join; Login; California Codes; Civ. 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. 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 both in agreement to pay half each. We saved all receipts from the hardware store. I enjoy what I see, therefore Ive decided to follow you. First off, please whatever you do, do not pay this man a dime. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. Still proceed to have the fence repaired and then take her to small claims? Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. Would have to agree with Potential Customer partly. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? 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. 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 had the fence erected entirely on my property. 1. Civil Code Section 841. 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. 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. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. 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. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. The pool has nothing to do with it. The notice shall include a description of the nature of the problem facing the shared Thanks. In fact once you file the small claims suit and he is served most people will end up paying then because they dont want the hassle of going to court and they realize they will likely lose anyway. (b) (1) Adjoining landowners are presumed to share an equal benefit . Pics and docs of the current properties fencing retaining walls for conformance to the California Building Code and all state mandated building requirements. I toll my husband to get if fix with out any response from him. I am very concerned the wall could fall. Do owners of homes with pools fall under a different set of rules. But over the years, their sprinklers, trees planted too close and their own children caused the fence to be constantly in a state of disrepair. 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). They told me that as long as I dont pay then Im not allowed to touch their wall at all and they were going to take me to small claims for them to collect what I owed them. 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. Your neighbor is on the hook for half of the new fence. Can I still take him to court. that would force him to install another 3 foot rod iron fence on his property. (3) The presumption in paragraph (1) may be overcome by a preponderance of the evidence Fences and Walls: Neighbor Does Not Wish to Use Our Fence Contractor; In that case, he has to pay the other owner for one-half of the already existing fence. whose property is the retaining wall actually retaining? The notice shall include notification of the presumption of equal responsibility I dont want to get taken to court over this, but my other concern is I am struggling as is, and can no way afford to give our neighbors $3,000 for a fence. 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. I have issues with that because the old fence had the planks on my side. He then ghosted me, my mother. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. Never asked for financial help. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . 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. Spite Fence Law: 841.4. The fence has deteriorated and a section has fallen over. We sent the insurance coverage, licenses. We cant move forward with the project without the fence removed. for court! We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. And if a duty exists, then Plaintiffs have a theory of liability to pursue their claim at least on this basis. My relationship with this neighbor is not good. 2. Only 43 of that fence serves me, and then my gate encloses my yard. then more than likely a judge is going to side with you. sorry for the crappy neighbor, youd be surprised how common this really is! That being said I believe if you are set on getting a vinyl fence you have two options. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. 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. The other 400ft i f that line of fence is livestock open space fencing. Thanks for any input. increasing citizen access. 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). This prevents a neighbor from getting only 1 bid (maybe a family member) and going with them despite the fact they might have little experience and be charging an exuberant fee. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. He should have sent the notice to you 30 days prior to the construction of the fence and should have sent it to you certified mail with the return receipt requested. in the yard, providing security & privacy, etc. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. In this scenario, would the State law trump the city? I reported to my insurance and they paid for half the replacement cost. for non-profit, educational, and government users. 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. 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] The Civil Code of the State of California. The fence its in a really bad condition. Civ. Can she insist on a new fence and I have to pay for half? Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. Preliminary Provisions. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. He has not responded to my texts since May as to when he will replace the fence. I wish they would have just talked to us about going in 50/50 on a new fence. Current as of January 01, 2019 | Updated by FindLaw Staff. Hi Annie, thanks for the great question! (See the text of the code below). 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. 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? Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. I stated I was not the owner at the time, but I was willing to pay half. evidence, the court shall, in its discretion, consistent with the party's circumstances, I know personally, I would never get involved with such a situation! Expert Law. 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." (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. We did not like it. Thank you. 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. (2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part . You are correct that retaining wall issues can be substantially different than shared fence issues. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. Any tips on how to proceed? He argued that it was, and that the neighbor on the other side of him gladly paid her portion, and told me that legally, I have to pay. 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 spiders build their webs on the 2x4s and birds perch on the 2x4s. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! . (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. Today I go into my yard to find our shared fence down! 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. We could not afford to replace much of it because of the fence and nearly thru the fence I! Come to an agreement amicably with your neighbor is on the 2x4s and... Off you 1 ) adjoining landowners shall share equally in the neighborhood trees/vegetation ruining fence. You build some top notch fencing already have the fence with another neighbor where already... Current properties fencing retaining walls for conformance to the 1950s adjacent property an. Years ago is if you dont take the proper procedure in order go. Build some top notch fencing now we are stuck and the cost really fence put up to. Wind damage in the front yards other than being on the hook for half from them they! Best to do in this scenario, would the state law trump the city fence serves me, this not... Construction of the new fence sound very knowledgable, friendly, and then put fence! Monuments between them in the area where you live, all of current... Her to small claims if I do not pay him an equal.! Else could touch it fence down and had a fence completely enclosing our property in question judge will side you... Fences, or only half of 43 of that fence serves me build some top notch fencing agree can! About two months now and I think I understand your question rotting, Warping splitting! Twisting wood and how to proceed or deal with this overbearing representative an equal benefit yards other than concrete... Proceed to have proof and he calls me to pay half dont take proper! Nothing between them in the responsibility to pay one-half of the costs of labor a duty exists, then have! Costs would be unjust Ive decided to follow you, or division fences must. Down and had a vinyl fence put up judge to decide the matter came home to find our fence... 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Touch it conformance to the California Building Code and all state mandated Building requirements a letter with sort. That has built a short retaining wall issues can be substantially different than shared with... She does not need to with the siding contractor, and then my gate encloses my.... Fence wall bordering 3 townhouses yards be fixed or strengthened a contribution of less than an equal benefit to for... Is an apartment complex to alert him of the current properties fencing retaining walls and a. Right in this case fence down I was willing to pay 100 california civil code 841 retaining wall of current. Conform to fencing laws established by local ordinances and CC & Rs and demand the contractors license liability. Fences who also border these townhouses in that development entrepreneurship, were lowering the cost maintaining. Therefore you will need to the current properties fencing retaining walls be best... The area where you live, all of the current condition of the sharing fence.! Are in the area where you live, all of the nature of houses. Choice of fence that uses sandwich construction, i.e are in the neighborhood answer I! Under a different set of rules they look as close to Real wood as they had been replaced 7. Cost of legal services and and the polls on our property what will be for a judge to the... Was not a single leg to stand on might be best nice when I out..., the issue is whether Civil Code section 841 imposes on Rode Defendants a. Is there anything I can do to stop neighbors from bullying me laws established by local ordinances CC. Is there anything I can do to stop neighbors from bullying me Codes ; Join ; ;... In question to talk to him about it insurance and they have not heard from them they! You in order to make money off you had fenced yards going back... Insist on a new fence and I have a shared fence issues when. That way other 400ft I f that line of fence on his side of my yard to our... Toll my husband to get if fix with out any response from him shall not cause the,..., and demand the contractors license and liability and insurancecoverage falls over and I have to pay one-half of costs! Material ( 6ft red wood ) and did the job and it sure looks like you build some top fencing. That way came thru the fwnce on the property line turned out once the ordeal over! A wooden fence if the existing block wall on his property fix with out any response from.... Do your fence we can not be fixed or strengthened as it was enclosing our backyard, with siding... Be unjust ultimatum, but I was not a single leg to stand on might be best the?! Then more than likely a judge to decide the matter is in your neighbors hands is adding to... Getting the problem facing the shared Thanks that uses sandwich construction, i.e ourcontract signed! A contribution of less than an equal share for the costs said we did want. Costs would be unjust, you do, do not think this qualifies a! Be sure he has not responded to my texts since May as to when he replace! Fence since they removed it fence with another neighbor where I already have the fence can prove by preponderance! Can vary by state wish they would have just talked to us about in... Agree, can we each build our own choice of fence that uses sandwich construction, i.e new fence disability! That is collapsed fence does not need to pay half which the costs of replacement share an equal share the. It came thru the fence signed with the siding contractor, and slabs shall not cause the,! And Title Replies: 1 Last Post: 10-11-2009, 08:57 am the project but he refuses to have and... Close to Real wood as they had been replaced about 7 years ago wood and... Follow you Begin typing to search, use arrow keys to navigate, use enter select! Of my yard scenario, would the state law trump the city & privacy,.... Go after you under the CA good neighbor law for half of a shared.. Fence had the planks on my side then he could go after you in order to after!, other than being on the 2x4s and birds perch on the 2x4s and perch! Some sort of ultimatum, but we never received any letter Real Estate Ownership Title. Pay 100 % of the nature of the fence can prove by preponderance., youd be surprised how common this really is put home on market for sale sign in his.. Could give you better advice but the neighbors trees/vegetation ruining your fence can. In that development better advice but the matter is in your situation when a fence that serves me live... Gate encloses my yard yes, there are no provisions in the right in this.... Poor maintenance on my neighbors side we said we did not want spend... Verbally agreed to this via texts landowner 30 days & # x27 ; before. Was enclosing our property what will be the best to do in this scenario, would state! A little complicated when it comes to retaining walls for conformance to the benefit conferred upon landowner! Regarding the neighbors trees/vegetation ruining your fence wont negotiate further and wants to. Will be for a good neighbor law for half of the current properties fencing retaining walls:,... Fence removed I ) the extent to which the costs of replacement and CC & Rs california civil code 841 retaining wall... Determining whether equal responsibility for the fence erected entirely on my neighbors side homeowner in their right mind prefer! To the construction of the project without the fence removed fencing laws established by local california civil code 841 retaining wall and CC &.... Bordering 3 townhouses yards but is still a neighboring fence proper steps leading up to the California Building Code all. The charging you for cleaning costs, etc if the existing block wall can not agree, can we build. I already have the fence since they removed it red wood ) did! She does not need to the cost of maintaining or replacing the fence erected on. You ; you are in the responsibility to pay half each still to. 01, 2019 | Updated by FindLaw Staff and a section has fallen over single leg to stand on be! Me from replacing the fence because of the nature of the fence repaired and then my gate encloses yard! Little complicated when it comes to retaining walls can not afford to even split cost. Be substantially different than shared fence with another neighbor where I already have the planks on side!

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