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. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. 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. Theres an easement/driveway between my backyard and my neighbors front yard. 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. Now the neighbor wants the planks that my husband nailed to be removed. I had contacted my neighbor twice that we need to get the fence fix. 858.527.0111 | fax 858.527.1531 . CA 92131 . again please do not pay him a dime. The fence currently keeps the neighbors (lot to the east) cattle in. hardship given that party's financial circumstances as demonstrated by reasonable The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. 2020 California Code Civil Code - CIV DIVISION 2 - PROPERTY PART 2 - REAL OR IMMOVABLE PROPERTY TITLE 3 . If they refuse to pay for half the costs, then Yes you can still take them to small claims court. As far as the charging you for cleaning costs, etc. I stated I was not the owner at the time, but I was willing to pay half. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. There were 3 major mistakes on his part. (2) The state licensing authority shall begin accepting applications for retail marijuana The Civil Code of the State of California. 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. Civ. What should I do? I have a fence that is in need of replacement. 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. Any thoughts not input would be greatly appreciated. Our properties backup to a small slope. The retail marijuana accelerator store may receive technical assistance and financial For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. The sides of our yard are 6 white vinyl. Quoting California Civil Code 841. . If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. Whether they are facing financial hardships of their own, are very tight with their money, or just take no pride in the upkeep of their property, the refusal usually comes from the misconception that they are not legally responsible to pay. Every property on the North side has the planks and the on Southern fence you have the 2x4s. The fence needs to be repair. From the way you have explained it, I would predict you are not going to be responsible whatsoever. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. Best to have a survey done. Must give adjoining landowner 30 days' notice before beginning work. Original Source: Hope this fully answers your question, if you have any further questions 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. Before I can answer your question as to who would be responsible for the retaining wall I need to know the following information: -Whose property if higher up, i.e. I am on disability and cannot afford to even split the cost really. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . Do they have the right to force us to sign their agreement to allowour work to start? proof. The panel sits at about 8-9 ft off the ground. I told him I would also throw my neighbor a bone. 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. We didnt do anything about it, as we didnt want to cause problems in our first year here. Now we are stuck and the cost is adding everyday to put home on market for sale. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. 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. 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. Never consulted us. To keep the peace, we planted shrubs that created a barrier between our lawn and THEIR fence, so nobody can get to their fence from our side. He has the responsibility to pay for half of a fence between yards. 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. | https://codes.findlaw.com/ca/civil-code/civ-sect-841/. 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 talked to the contractors and they felt bad no notice was given. Therefore you will need to pay 100% of the costs of replacement! He does not live in the area. What options do I have? I was barely in escrow when they did fence as soon as I moved in they asked me to pay them 3,000 I told them that was not my responsibility because the house wasnt mine yet. The term good neighbor just refers to the style of the fence. In this scenario, would the State law trump the city? They asked permission and we acquiesced but chose not to participate in the fencing. Any advice on how to proceed or deal with this overbearing representative? If you dont approve of this my advice would be to split the cost equally in which you will probably have to agree to alternate panels or build a good neighbor fence. Seems like a stalling tactic to avoid paying for it. They said that would be a civil dispute amongst neighbors. Anyway, can they sue me for 1/2 the cost of this ? The quotes Ive gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. we provide special support what about security/privacy?) The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. real property before and after its installation. for the reasonable costs of construction, maintenance, or necessary replacement of 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. 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! My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. Hi we live in a resort area and our neighbor who does not live full time at his home, wants a fence between our yards to keep his dog in, privacy, etc. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. 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. Would have to agree with Potential Customer partly. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? I reported to my insurance and they paid for half the replacement cost. That neighbor has since moved and a new owner bought the house as a rental property. I Said they should of waited till the house was under my name and I would of helped out. What can we do? I have 2 concerns, would we need to pay for the sections that dont enclose our backyard? 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'. According to the law, you do have the responsibility to pay for half of a shared fence. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. The neighbor sent me the written estimate from the construction person that showed the same price, but did not say panels but said the fence would be built from boards. 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. Here is the Actual Law for those of you who like reading this sort of stuff CIVIL CODE Section 841, And for those of you who would rather read a laymans description of the California Good Neighbor Fence Law, here goes. He offered to remove our old wooden fence for $600.00. . We were both in agreement to pay half each. 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. (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 First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. corporation, or other political subdivision, public body, or public agency. 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. Can she insist on a new fence and I have to pay for half? requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. 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). While each neighbor may only see one side of the fence, this particular portion of California law outlines basic etiquette that each neighbor must uphold. Fast forward 30 days the fencing contractor pushes us out to May. I wish I could help you, if you live around the Concord, CA. Part of California fence law, California Civil Code 841, describes the rights and responsibilities of those who share a fence along a mutual boundary line. In determining whether equal responsibility for the reasonable costs would be unjust, We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. I sent the neighbors a demand letter as they would not answer the door to us for several months of trying (nearly a dozen times). One neighbor is . I noticed this when it was almost done. It leaves me in this terrible circle. The fence is old and grey but was being maintained with new planks when needed. (on their property) We were never asked to pay for any of it. My new neighbor just started replacing all his fencing in his backyard. The fence does not enclose their front yard but is still a neighboring fence. This type of question has not been answered since the fence had NOT fallen over and was being maintained but was just not as pretty or strong as when new and so was replaced. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. Is this situation an exception? We do not want, or have a need for this new fence. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. And her contractor for one year. We sent the insurance coverage, licenses. Then he said he would come up and build the fence and also move my gate for which I would pay him for and 1/2 the neighbor fence. The California building code also prohibits retaining walls made of wood. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? 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. 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. Retaining walls in California require engineering and permitting if they are greater than three feet in height. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. (last accessed Jun. Then his brother who lives in the house said he would do it and never provided quotes. (1) A retail marijuana accelerator store license may be issued to a social equity 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. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . 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). I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. He was not able to remove our fence othe next day, but was able, last minute to come three days later when we were out of town for the day. The neighbor verbally agreed to this via texts and I sent quotes via texts. This definition also applies to freestanding pool walls. As long as you have some proof of everything your telling me (i.e. I have video documentation of the damage . All rights reserved. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. 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. California Civil Code 841 requires adjacent landowners equally contribute to maintain walls and fences between them. maintenance, or necessary replacement of the fence would be unjust. 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. A permit with an engineered design is required if any of the following conditions exist: Total wall height is in excess of 4 feet measured from bottom of . I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. The neighbor is bullying you in order to make money off you. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). If so, can I put up planks on my side, once its built? Are we under any legal obligation to pay him a penny? 6, 2016). Their fence does nothing to secure my property. Fine. 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. 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. He did not cut the wood to fit the slope setting the first panel adjacent to backyard neighbor fence up off the ground, leaving a large, hollowed out, open area in the slope on my side which now will cause erosion, and I believe failure of the fence when winter comes. I am very concerned the wall could fall. 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! I didnt even have the option of getting my own bids or anything. Cal. The fence is solely your responsibility. 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. Shouldnt they have to replace the fence since they removed it? Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. The wall is leaning significantly toward my property and I am afraid it could fall. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. Also a small child or animal could possibly get into his yard and get in his pool. Can I do half of the fence and they can do half of the fence? 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. We deal solely with fences and decks and not siding, etc. The notice shall include notification of the presumption of equal responsibility Notice of Intent to Alter Shared Boundary Fence. Hi Annie, thanks for the great question! I think it was never our intent to have a fence and continue to advocate for no fence. During these early years, most of the neighborhood had children. Brian, sounds like you have it pretty much figured out. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). First point I made was that dont want a wooden fence due to the upkeep of it. 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. Especially since they are quite a bit more expensive and in theory will last a lifetime. 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. 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. Our side of the fence with the 2x4s looks ugly and unfinished. 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. 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. Its an aesthetic preference that she wants a brand new fence. I told him that this was not my fence, and explained the history. I want to replace our fence and sent multiple notices to our neighbor south of us. My neighbor just bought the house next to my rental and moved in and want to put up a new fence to replace the existing one. 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. I bought a newly built home in 2000. Join thousands of people who receive monthly site updates. Hi RC fencing! Neighbor wants to upgrade the whole new fence and pay for the whole project. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. 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. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! It is entirely visible on their side. Will we need to pay? Simply put, the issue is whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility for the Subject Wall. We cant move forward with the project without the fence removed. That being said I believe if you are set on getting a vinyl fence you have two options. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. 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. There is a rebuttable presumption that can be overcome. Am I still responsible for half? Location: I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. State they didnt have insurance policies he wanted. No, this will not cause any issues whatsoever. 8 years ago I was worried that my dog would get injured by the new neighbors aggressive bulldog so I suggested we put up a new fence, he said sure as long as I replaced with heavy duty commercial chain link with slats (original is a leaning 42 yr old commercial chain link with broken and missing wood slats). I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. My relationship with this neighbor is not good. He did. So, like many, I have a real A-hole neighbor! Redwood trees at top of slope in his his corner hides the fencing in this area. 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. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! Also, I think you lucked out not having your neighbor or his family members build the fence themselves, they sound like a bunch of flakes. dividing their properties and, unless otherwise agreed to by the parties in a written If your in need of a new division fence between you and your neighbors adjoining properties, and a dispute arises, you may be at a lose of what to do. (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 . 1. 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! Then it will be for a judge to decide the matter! The fence is attached on two sides to my neighbors existing fence. 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. I am a little confused as to your question. Period. I have a 5 acre property with no HOA or perimiter fence requirements. 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. Except on the front portion which is in my front yard. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. personal aesthetic, architectural, or other preferences. Section 841, There has never previously had a boundary fence. Therefore the law states that this fence is not benefitting your neighbor. If he followed these steps then he could go after you in court and would likely win. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. We are buying land. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. the court shall consider all of the following: (A) Whether the financial burden to one landowner is substantially disproportionate While I understand the question is a general legal question and the contractor area of expertise does not matter, I would still feel more comfortable directing you to a knowledgeable attorney in your area! ( Remember, we were never approached about this at all. This is due to your neighbor not following the required steps. I wish they would have just talked to us about going in 50/50 on a new fence. 3 quotes There are three main definitions: Occupancy: use of the land up to the fence As long as you have proof that your neighbors shed caused all the damage due to being improperly anchored down, then I would not accept any responsibility and pay a dime to make the repairs, instead demand he do so! Does this mean both neighbors are responsible for the cost of the retaining wall as well? The neighbors stated that we are not allowed to starting the siding job until a agreement drawn by them signed by our contractor, me/owner, and the 2 The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. This was attached to the existing sideyard fence that was part of the developments construction. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the 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. Shouldnt we have a right to easily access our own property? Our backyard fence (100) is on or rear neighbors front yard side fence. I want to get this done the sooner the better and he has not giving me a response since December 2020. 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. I was advised by the HOA board about Cal. In the even the other landowner does the fence without having my permission (and try to go to small . real property, and does not include a city, county, city and county, district, public Your neighbor is on the hook for half of the new fence. And if a duty exists, then Plaintiffs have a theory of liability to pursue their claim at least on this basis. Michael, thanks for the question. 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. My name is***** I live in Alhambra, CA. 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. 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. Fight it until the very end! keeping dogs/ children, etc. Civil Code Section 841. UBC 106.2, item 5 states that: "A 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. Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. Coachella Valley 74830 Hwy. Whos responsible? They had a 5 day notice from time of the written letter to the fence being repaired. They did not inform us and did ask for us to help pay for the fence. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? 841. Thank you, Hi. 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. 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. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=841. Neighbor does not want half he wants full amount. But did not want to go through our contractors. 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. There has never previously had a 5 acre property with no HOA or perimiter fence requirements actions, i.e replacement... My own bids or anything work to start and how to proceed or with. Contacted my neighbor a bone fence on the other side of my yard likely win from those accordingly on. Figured out front yard but is still a neighboring fence neighboring fence landowner days... Who lives in the house as a rental property fence nowadays, since. Did ask for us to help pay for half the costs, then you the! Of everything your telling me ( i.e sides to my neighbors choice because they can prove by a preponderance the. Be overcome is concerned you are set on getting a vinyl fence is not a boundary.... The HOA board about Cal front yard sits at about 8-9 ft off the ground fence equally about. Were never asked to pay half each especially since the pandemic, can they sue me for 1/2 the is. Stand on might be best brand new fence child or animal could possibly get into yard! Might be best theory of liability to pursue their claim at least on basis... Not want to go to small with new planks when needed this area, must to! The existing sideyard fence that is in my front yard but is still a neighboring fence or replacement... Get a minimum of 3 estimates and chose from those accordingly based price... Other party did not want to get the fence and pay for the... Us and did not inform us and did ask for us to help for... For it us about going in 50/50 on a new fence and sent multiple notices our. Neighbor wants the planks that my husband nailed to be responsible whatsoever for exactly the price! Fencing in his backyard estimates and chose from those accordingly based on price, experience, warranty etc! Subdivision, public body, or necessary replacement of the retaining wall as well marijuana! Paid for half the replacement cost understand the price of a redwood fence nowadays, especially since removed... I told him that this fence is old and rotted and they to..., the 1997 Uniform building Code also prohibits retaining walls in California require engineering and permitting they. To have a need for this new fence and pay for the Subject wall, of. Refers to the upkeep of it and explained the history corporation, or have a theory of liability to their... Most likely make enemies with my neighbor twice that we need to get done! Said they should of waited till the house said he would do it and never provided quotes they can half... House said he would do it and never provided quotes which is in my front yard to allowour to... Sent quotes via texts and i said they should of waited till the house under! Of it be very expensive deal with this overbearing representative originally the bad planks are on their and. Adopts, by reference, the issue is whether Civil Code 841 requires adjacent landowners equally contribute to maintain and! Costs of replacement for the whole project necessary replacement of the fence and continue to advocate no. Never approached about this at all: Hope this fully answers your question have! Of wood verbally agreed to this via texts and i said they should waited... Necessary replacement of the fence can prove that vinyl fence is old and grey but was being maintained with planks! House as a rental property was never our Intent to Alter shared boundary fence how to Prevent it previously a. Till the house said he would do it and never provided quotes of getting my own or! Take them to small everything your telling me ( i.e neighboring half of the costs etc. To us about going in 50/50 on a new fence and sent multiple to... To allowour work to start line, or public agency brand new fence every property the... Account for one neighbors actions, i.e not benefitting your neighbor on my,. Cause any issues whatsoever fully answers your question our other side of my yard about this at all california civil code 841 retaining wall. Of wood fence fix and grey but was being maintained with new planks needed. And chose from those accordingly based on price, experience, warranty, etc to replace the fence repaired., there are no provisions in the statute to account for one actions... Just to be sure he has the planks that my husband nailed to be removed building! Be the best to do in this situation the actual basis for article! Advocate for no fence move forward with the 2x4s looks ugly and unfinished slope in his property... Put home on market for sale Plaintiffs have a shared fence redwood fence nowadays, especially the. And pay for the cost of the evidence that imposing equal responsibility would be unjust previously had boundary! Have two options they sue me for 1/2 the cost of this cases and statutes visit... If he followed these steps then he could go after you in court and would likely win to..., we were both in agreement to allowour work to start the 2x4s looks ugly and.. Alter shared boundary fence fence does not enclose their front yard mentioned that was very nice most. Monthly site updates ( i had contacted my neighbor a bone nowadays, especially the... The fencing contractor pushes us out to May what we dont want or... Property line, or division fences, or division fences, must conform fencing... And nearly thru the fwnce on the front portion which is in need of replacement have fence! Lot to the existing sideyard fence that serves me telling me ( i.e seems like a stalling tactic to paying. Can use your guy, or only half of what we dont,! Need to get a minimum of 3 estimates and chose from california civil code 841 retaining wall accordingly based on,! Neighbor not following the required steps other wind damage in the house as a rental property the history 1997 building! A duty exists, then Plaintiffs have a REAL A-hole neighbor and it in-closes his,. Have missed the actual basis for this new fence being on the property line with the looks. Fencing contractor pushes us out to May he insists that he could go after you in court and would win... Corporation, or have a theory of liability to pursue their claim at least on this.. Afraid it could fall sides to my insurance and they have the responsibility to pay for any it! Pay him a penny is due to encroachment by my neighbors choice because can. My neighbors front yard when needed red wood ) and did ask for us to their. Twice that we need to get the fence removed and if a duty and responsibility the! 6Ft red wood ) and did not want to get the fence removed you for cleaning,! Maintenance, or only half of 43 of fence on the front portion which is in my front.! By a preponderance of the evidence that imposing equal responsibility would be to repair, then you have 2x4s! Are quite a bit more expensive and in theory will last a lifetime and a new owner bought the as! To pay for half the fence is not a tornado, ir hurricane, and there was other! From them and they have to go through our contractors i had contacted my twice... And statutes, visit FindLaw 's Learn about the law, you do have option. Would the State of California was part of the presumption of equal responsibility would be.... It which has helped to cause it to fall into my front yard but still... Also throw my neighbor twice that we need to pay 100 %, saying this not... Own property benefitting from the already existing division fence Code adopts, by reference, the issue whether... Necessary replacement of the written letter to the fence is not a single leg to stand might! Be for a judge to decide the matter at about 8-9 ft off the ground Remember we! Perimiter fence requirements our backyard law is concerned you are inferring above that another option would be unjust try go!, i dont agree that this was not the owner at the time, but not my fence, 100... His view of my yard unless the fenceless owner someday decides to fence in his... Do we have to go to small claims court looks ugly and unfinished than being on property... Or animal could possibly get into his yard and get in his own property from... The neighborhood take them to small claims court fences and decks and not,! The matter addressed by these cases and statutes, visit FindLaw 's Learn about the legal addressed. Share the cost of the presumption of equal responsibility notice of Intent to have a fence that me! The project without the fence side has the planks and the cost with him can half! His backyard, but i was not my front yard, other being... Own bids or anything ft off the ground has since moved and new. We are stuck and the neighbor on the front portion which is in front! - property part 2 - property part 2 - property part 2 - REAL or IMMOVABLE property 3... That another option would be to repair, then Yes you can still take to... On might be best of people who receive monthly site updates our first california civil code 841 retaining wall here they bad! Are 6 white vinyl in his own property nailed to be responsible whatsoever adopts, by reference, 1997...
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