Jim, thank you for the great question. I noticed this when it was almost done. He said he could not pay half only $600. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). Triple damages. Im just wondering if the wording of the invoice would create any sort of legal rights to the neighbor; if so, should I have the contractor change the wording? Spoke to the neighbor again, told him I want to move the fence to the property line, first he said fine as long as its a block wall, so we got estimates but that was too much, so then he said we could move my fence to the property line, and then yesterday changed his mind again and said do not remove original fence! We have both got estimates that are similar in price. Your neighbor is on the hook for half of the new fence. That being said I believe if you are set on getting a vinyl fence you have two options. Good luck! There is a brick wall between me and my neighbor. According to the law, you do have the responsibility to pay for half of a shared fence. Would we lose in small claims court? Once the fence is completed, make payment in full to the contractor, making sure to keep all documents such as invoices, receipts, copies of your check, etc. When I first moved in, he wanted to replace the current side yard fence, he played friendly for a bit, and so we split the cost 50/50. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. Nat, yes you are correct. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. 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. I gave them 15 days to accomplish this and also gave my phone number. Will we need to pay? If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? 1. Your article however is stating there is a State law that says otherwise. Wed be up for taking down the existing fence down and adding new planks to our side of the new fence but arent sure about it since its 4 inches away from the original fence. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. (See the text of the code below). A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. My name is***** I live in Alhambra, CA. However our back fence was not vinyl, but an older wooden fence, in some need of repair. CA Civ Code. I still cant see this fence from my property. If so, can I put up planks on my side, once its built? We are buying land. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. 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. Yet, if the yards were already fenced in previously, and if you have other fences connecting to the one in question, you are more than likely going to get a judgment against you for half the cost. She is still refusing to do her part. In this scenario, would the State law trump the city? The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. Refreshed: 2018-05-15. He then ghosted me, my mother. Consequently, when a fence needs repair, both property owners must share the cost. 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. And her contractor for one year. to the benefit conferred upon that landowner by the fence in question. Everything you need to know about the California Good Neighbor Fence Law! The only way to force your neighbor to spend $1000 he or she probably doesn't have is to drag them into court and seek a court order making them spend $1000 that he or she probably doesn't have, and to convince the court that Civil Code 841(b) really doesn't mean I can elect to let my fence fall over it I want to. But calling the cops on me for a one time incident has changed my care free attitude. 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. 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. Thank you. Yes, that is correct. Hi RC fencing! I am willing to fix it but she wants a new fence. accelerator store licenses on January 1, 2021. Never asked for financial help. 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. Our side of the fence with the 2x4s looks ugly and unfinished. 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. I have a shared fence with my neighbor and we plan to share the cost of a new fence equally since it collapsed with strong winds a few months ago. The main one being, that they dont benefit from the erection of said fence. 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. Party Walls. 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. The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. 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. Call a minimum of 3 fencing companies, such as. 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 . retaining walls for conformance to the California Building Code and all state mandated building requirements. California Criminal Statute. Redwood trees at top of slope in his his corner hides the fencing in this area. As I just stated I would be very hesitant to allow her to build the fence for two reasons. Most likely your neighbor did it purely for aesthetic reasons, and that is not a valid reason if he wished to be reimbursed for half the costs down the road. A new fence is going up tomorrow. If this sounds similar to your situation then I believe our article can be very helpful. 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. If you are in Southern California, RCP Block & Brick has partnered with Keystone to provide pre-engineered segmental block walls up to 6-ft in height. 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'. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? Coachella Valley 74830 Hwy. Now we are stuck and the cost is adding everyday to put home on market for sale. Or is it apparent the uphill neighbor . The neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. Cite this article: FindLaw.com - California Code, Civil Code - CIV 841 - last updated January 01, 2019 Do owners of homes with pools fall under a different set of rules. I am very concerned the wall could fall. They would then have the law on their side and if they went through the proper steps outlined above, most likely would win a judgment against you. Please let everyone know if you have any ideas as to another route to take. 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. 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? She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. 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. The fence has deteriorated and a section has fallen over. The fence was not leaning and still standing up and was holding up to natural elements such as wind but the neighbor claimed he or his dog could break the planks. whose property is the retaining wall actually retaining? Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. One section however that was falling down was simply wooden boards. My husband nailed planks on the fence to cover the 2x4s. I have a neighbor that replaced my fence on one side. (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 . The fence its in a really bad condition. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. By Terry Higgins in forum Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 AM. It does not extend the full length of the front yard (only about 15 feet of 45 or so). He does not live in the area. Persons. Each fence on our own respective properties. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. My property is the second house from a corner, so I have 5 neighbors around my property. 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. I wasnt even the owner when he decided to build the block fence. 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. The fence needs to be repair. First is to let the neighbor know if his legal responsibility to pay for half the fence. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. Thank you! First off, they cannot tell you not to touch the fence at all, the fence as long as it is on the property line is both your neighbor and your property and therefore you have just as much right to it as they do, whether or not they paid for it. 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. Spite Fence Law: 841.4. I want to get this done the sooner the better and he has not giving me a response since December 2020. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. 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 . Is this situation an exception? The neighbor verbally agreed to this via texts and I sent quotes via texts. -Was the retaining wall initially required because the lower neighbor graded their property and therefore it was their responsibility to provide support to the uphill neighbor whose natural support they cut away during the grading and leveling of the property. I would definitely go ahead with the notice to alter shared boundary as soon as possible giving the neighbor as much time as possible before construction commences. We deal solely with fences and decks and not siding, etc. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. Our backyard fence (100) is on or rear neighbors front yard side fence. Fight the assumption that they dont benefit from the erection of said fence out! And unfinished is on or rear neighbors front yard side fence looks ugly and unfinished has deteriorated and a has. 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