I am going to build block wall on the property line. landowner. The term good neighbor just refers to the style of the fence. Although I was not informed in advance, not included in the planning, never saw a quote or even a final bill, I felt bullied, and paid him the $500. the court shall consider all of the following: (A) Whether the financial burden to one landowner is substantially disproportionate I have issues with that because the old fence had the planks on my side. It seems irresponsible to not include other information that might leave you stuck with the bill. I had not notified him yet of the contractor doing the job as it just got scheduled. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. I want to replace our fence and sent multiple notices to our neighbor south of us. As long as you have some proof of everything your telling me (i.e. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. I have a neighbor that replaced my fence on one side. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . In California, Civil Code Section 841.4 governs what has commonly become known as spite fences. Property. Civ. Of course, like many laws there are exceptions. Retaining walls in California require engineering and permitting if they are greater than three feet in height. The fence has deteriorated and a section has fallen over. (b) (1) Adjoining landowners are presumed to share an equal benefit . Yes, that is correct. Secondly, is the fact that she is stating the material are the same costs as the labor; that would be a huge red flag for me. 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. Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. I didnt even have the option of getting my own bids or anything. Assuming your neighbor will pay half is incorrect. I appreciate your advice. Civ. I am willing to fix it but she wants a new fence. She has to get three separate estimates and then you two can agree as to which company to go with. 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. This was attached to the existing sideyard fence that was part of the developments construction. 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. (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 . This has been on going for 3 years. Lastly, the neighbor failed to serve the notice to you. 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. Brian, sounds like you have it pretty much figured out. 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. Ok here goes I understand your frustration with your neighbor after stating you would cover all the costs, for him to complain about a vinyl fence. My fence completely encloses my back garden and is a corner lot. But, our neighbor says that vinyl fence is the cheapest. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? No fences. The neighbor paying (if you are not splitting the cost) would have the right to insist that the good side be pointed towards his yard. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. The . California Boundary Fence Laws. It is very good you havent paid anything for it yet. We agreed. You bring up replacement due to aesthetics and upgrading a fence? Then his brother who lives in the house said he would do it and never provided quotes. The good news, you have absolutely nothing to worry about. Join for use: the attachment of another fence to the boundary fence Hello, My neighbor installed a 6 foot rod iron fence with brick pillars which is about 3 to 4 inches on my property The fence is only about 15 feet long and was installed years ago. However our back fence was not vinyl, but an older wooden fence, in some need of repair. Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. If he followed these steps then he could go after you in court and would likely win. He came and did the job. Good luck. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. that would force him to install another 3 foot rod iron fence on his property. Property Lines: 829-835. 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. Code; Civil Code the civil code of the state of california. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. Not only did you not own the house when it was replaced, but even if you did, they would have to give you a 30-day notice if you refused to pay half. Paying in full and go to court is not a good resolution to this situation. Every property on the North side has the planks and the on Southern fence you have the 2x4s. If they do not want to do that then they can eat the costs as they rushed to replace it when they should have waited until they spoke with you, the new homeowner! Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? when we started doing the siding work. I have video documentation of the damage . 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. He said that would be nice, as most people do not do that. The notice shall include a description of the nature of the problem facing the shared 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. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. You must then pay the contractor in full. 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. retaining walls for conformance to the California Building Code and all state mandated building requirements. 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. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. Refreshed: 2018-05-15. He has not responded to my texts since May as to when he will replace the fence. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. (E) Any other equitable factors appropriate under the circumstances. And approached us in an aggressive and very critical manner. I have offered to help with the labor and split the cost 50/50. My new neighbor just started replacing all his fencing in his backyard. The panel sits at about 8-9 ft off the ground. to the benefit conferred upon that landowner by the fence in question. It is not something that NEEDS to be done. There was nothing wrong with previous wood fence it had while home was in escrow. They said that they would give us permission when we asked, to enter their backyard by their stairs on the other side of their house, which would then involve us or workers to have to cross their whole backyard, which is an artificial grass putting green! They have refused, saying that that dont want us to have free access to their property-we would literally only have to take 4-5 steps on their property to get to our our property under the stairs. I had contacted my neighbor twice that we need to get the fence fix. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. 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. 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. There are three main definitions: Occupancy: use of the land up to the fence No work until 30days after certified letter. I bought a newly built home in 2000. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. He set the first two panels on the slope with good side facing him. Neighbor wants to upgrade the whole new fence and pay for the whole project. The fence is attached on two sides to my neighbors existing fence. The fence does not enclose their front yard but is still a neighboring fence. 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. Simply put, the issue is whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility for the Subject Wall. 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. It clashed with the style of our house. hardship given that party's financial circumstances as demonstrated by reasonable I just had a fence erected between me and my neighbor. Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. 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! 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. 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