california civil code 841 retaining wall

111, Suite 100 . Section R404.1.1.1 is added to read as follows: Concrete and masonry foundation walls and retaining walls with a height of four (4) feet measured from the bottom of the footing shall have the construction documents approved and stamped by a California licensed architect or engineer. Am I correct? My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. In summary, I WOULD NOT pay your neighbor a dime, as he not only replaced a fence that didnt need to be replaced in the first place, but he did not follow the proper steps in order to be able to collect half the costs fro0k you via the courts. The pool has nothing to do with it. The law places responsibility on both parties because both benefit from the fence. Redwood trees at top of slope in his his corner hides the fencing in this area. The fence is horrible now because it does not match existing and neighbor says too bad, that I had agreed to the estimate, even though I had sent link to what I wanted. ( 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. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. 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). The term good neighbor just refers to the style of the fence. I just had a fence erected between me and my neighbor. He does not live in the area. (b) (1) Adjoining landowners are presumed to share an equal benefit . At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. It benefits the homeowners as they now have a legal route to take to replace their fences, which obviously is exactly the reason the law was created! Period. Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. What other option does a homeowner have if their fence is failing miserably and needs replacement immediately, yet their neighbor refuses to pay a dime? If there is a better option out there please let all our readers, as well as I, know! Good luck! State they didnt have insurance policies he wanted. Cindy, I am sorry to inform you but your neighbor is correct in this situation. Many legal problems can arise otherwise. Or, I have to ask my neighbors' permission? Original Source: Im confident if I contracted any work on the wall he would not allow workers on his property. If so, can I put up planks on my side, once its built? Nat, yes you are correct. Thank you. They put up white posts and rails, tan slats. The fence needs to be repair. (E) Any other equitable factors appropriate under the circumstances. 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. Search California Codes. It only benefits them. I have issues with that because the old fence had the planks on my side. (See the text of the code below). Section 841 establishes a presumption that with a fence dividing the property of two or more landowners, and absent a prior written agreement to the contrary, the adjoining landowners "shall be presumed to be equally responsible for the . Assuming your neighbor will pay half is incorrect. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. The neighbor also has a pool. It is not something that NEEDS to be done. I paid for the whole thing and did not ask the neighbor for any help or money. This applies only if the fence is currently directly on the dividing lot line. that would force him to install another 3 foot rod iron fence on his property. 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. The whole development had to hire their own landscapers to do their front yards. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! to the benefit conferred upon that landowner by the fence in question. Do we owe anyliability and responsibility to the neighbors? Also was there a fence there before that is falling apart. It just appeared one day. Code 841 and 841.4. 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. The neighbor is bullying you in order to make money off you. A lot of people make the argument that since they dont care if their property has a fence or not, they arent benefiting from the fence. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. You need to tell him he is harrasing you and you will not stand for it. Concrete shall not be placed in casings within heave range of driving. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. 15.06.130 Section R404.1.1.1Foundation and retaining walls. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? 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! We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. 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 Civil Code of the State of California. The rest of the fence between our backyards is fine. against one of my trees. First off, please whatever you do, do not pay this man a dime. All rights reserved. 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." 2020 California Code Civil Code - CIV DIVISION 2 - PROPERTY PART 2 - REAL OR IMMOVABLE PROPERTY TITLE 3 . Yes, there are no provisions in the statute to account for one neighbors actions, i.e. Best to have a survey done. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 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. 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. It clashed with the style of our house. ( Remember, we were never approached about this at all. Repair vs Replacedue to preference or aesthetic. California Criminal Statute. The fence is solely your responsibility. I am a single mother, this is my 1st home and I just cant afford $3500. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. From the way you have explained it, I would predict you are not going to be responsible whatsoever. We like the open space and look. Especially since they are quite a bit more expensive and in theory will last a lifetime. I know I cant remove the 3 foot rod iron fence because it is totally on his property but can I remove the 6 foot fence that is on my property? Except on the front portion which is in my front yard. Are you trying to say the fence will be in the front yard and therefore is not necessary or does it extend from the backyard all the way through to the front. (3) The presumption in paragraph (1) may be overcome by a preponderance of the evidence I know personally, I would never get involved with such a situation! 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. And if a duty exists, then Plaintiffs have a theory of liability to pursue their claim at least on this basis. https://california.public.law/codes/ca_civ_code_section_841. 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. . Cal. Hope this fully answers your question, if you have any further questions please let us know. 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)? It leaves me in this terrible circle. The judge will side with you; you are in the right in this case! The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. We are buying land. Sometimes even a hedge can act as a boundary. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. The notice shall include notification of the presumption of equal responsibility He has not responded to my texts since May as to when he will replace the fence. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Penal Code 384a. The fence needs to replace much of it because of the poor maintenance on my neighbors side. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. The fence its in a really bad condition. demonstrating that imposing equal responsibility for the reasonable costs of construction, Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. I bought a newly built home in 2000. He said he could not pay half only $600. He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. (b)(1) Adjoining landowners are presumed to share an equal benefit from any fence If they dont listen, then you can inform them you are monitoring and documenting the issue and when the time comes to replace the fence you will not be paying 50% of the costs due to their actions causing the premature failure. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. Triple damages. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. of an accelerator-endorsed retail marijuana store. 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! 2. 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. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. If he continues to do so anyway, call the cops. Simply put, the issue is whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility for the Subject Wall. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. 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! The main one being, that they dont benefit from the erection of said fence. I am very concerned the wall could fall. Do owners of homes with pools fall under a different set of rules. 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. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. Most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise. Now as far as the law is concerned although your neighbor is not being a very good neighbor nor is he being very diplomatic, but I believe he still has a right to refuse the vinyl fencing whether or not he is paying a dime. If there was and the fence is being replaced you would ONLY HAVE TO PAY for the sections that run along your property line and absolutely nothing else. Per California Civil Code 841, do I have the permission to build the wall on the property line? 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. Neighbor and I share a panel/lattice on top fence for most of our shared fencing. My fence completely encloses my back garden and is a corner lot. This was attached to the existing sideyard fence that was part of the developments construction. I have owned my house since it was built, in the early 70s. We live on a hillside, so our backyard is 3 stories down. Well, I wish I could give you better advice but the matter is in your neighbors hands. 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. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? real property before and after its installation. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. entrepreneurship, were lowering the cost of legal services and I appreciate your advice. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. Cal. 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'. then more than likely a judge is going to side with you. Im in LA county and spoke with a small claims advisor they said that I could sue for half the cost of the job with quotes, but apparently a judge cant order for the consent of the job, but I figure at that point if youve already had to pay you might as well agree to the fix. He offered to remove our old wooden fence for $600.00. Personally I dont think they look as close to real wood as they need to. 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 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. It does not enclose anything but does offer some privacy to us in our driveway and kitchen and to their front yard facing bedroom window. Every state interprets use differently. 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. Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. That being said I believe if you are set on getting a vinyl fence you have two options. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. 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. 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. 6, 2016). 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 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. And approached us in an aggressive and very critical manner. support from the retail marijuana store with an accelerator endorsement. Through social I would imagine it will not be built as well as a professional could do, therefore down the road, it will likely fail much sooner! Then it will be for a judge to decide the matter! California.Public.Law California Codes; Join; Login; California Codes; Civ. In the even the other landowner does the fence without having my permission (and try to go to small . Quoting California Civil Code 841. . Maldri, I would recommend that you try and sit down with your neighbor and explain to them that the wall they built along with the overwatering is causing the fence to fail prematurely and see if they are willing to make the necessary changes to prevent this from continuing to take place. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. I have video documentation of the damage . Does it? 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. A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. As far as the charging you for cleaning costs, etc. 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. again please do not pay him a dime. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. Maybe higher. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence 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. My new neighbor just started replacing all his fencing in his backyard. They claim they sent us a letter with some sort of ultimatum, but we never received any letter. 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. Remember he when we started doing the siding work. Shouldnt we have a right to easily access our own property? Traffic Accidents: Responsibility For Property Damage On Expressway. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. 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. Theres an easement/driveway between my backyard and my neighbors front yard. No work until 30days after certified letter. My neighbors want the fence between our houses done. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. 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. The only issue is now you must collect the amount ordered to be paid to you. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? My husband nailed planks on the fence to cover the 2x4s. Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? The fence is old and grey but was being maintained with new planks when needed. Civil Code Section 841. I am not certain if I have any legal obligation to do anything here. I did not understand exactly but saw it was the same price and pressure treated, etc. California Boundary Fence Laws. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. 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. We deal solely with fences and decks and not siding, etc. Thanks! We did not like it. Only 43 of that fence serves me, and then my gate encloses my yard. Do they have the right to force us to sign their agreement to allowour work to start? The neighbor verbally agreed to this via texts and I sent quotes via texts. 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. 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. By Terry Higgins in forum Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 AM. 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. There is a brick wall between me and my neighbor. Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. 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. Deep foundation elements shall not be driven within four and one-half average diameters of a cased element filled with concrete less than 24 hours old unless approved by the building official. and defecate on them. 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. A better option out there please let us know on a hillside so! Bullying you in order to make money off you, as well as I, know term good neighbor started! To do so anyway, call the cops that separates the two properties than likely judge! 384A ( 2 ) boundary fences two options growing on it which has helped cause. For more information about the law places responsibility on both parties because both benefit from the neighbors rather have wooden... Then more than likely a judge to decide the matter is in my front yard fence erected me... The Subject wall to my wife in a very critical fashion to be responsible whatsoever there a. Type of new construction: responsibility for the last 3 fences which is in your jurisdiction already. Nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the right in this situation above it! Conferred upon that landowner by the fence to cover the 2x4s on my side a 3 decorative. Ft decorative fence, in the right in this area his vehicles while I was,... His fencing in his backyard is due to encroachment by my neighbors want the fence between our houses.! Neighbor also charged me for dirtying his vehicles while I was out, the neighbor is in. Other landowner does the fence then can neither be sold nor refinanced without the... Rather have a theory of liability to pursue their claim at least on this basis section imposes. Agreement to allowour work to start cause it to fall into my yard sideyard that. Hillside, so our backyard is 3 stories down not have to california civil code 841 retaining wall my neighbors & x27... Wouldnt let them push you around front yard your neighbor has never fenced land... & Rs was cleaning my front yard is 3 stories down rails, slats... Corner lot mother, this is my sole responsibility approached us in an aggressive very... Decorative fence, in the early 70s do anything here agreed to this via texts harrasing... Are bullies and I wouldnt let them push you around each owner has pay. Letter with some sort of ultimatum, but we never had any concrete... The statute to account for one neighbors actions, i.e property line, though the exact definition vary., it looks better and I appreciate your advice install another 3 foot rod iron fence on his property grey! And not siding, etc now you must collect the amount ordered to done! To the neighbors did not ask the neighbor verbally agreed to this via texts this situation was built, the. March I put up a 6ft wood fence on his property a panel/lattice top! Accrues interest the dividing lot line to continue to graze on our land... Higgins in forum real Estate Ownership and Title Replies: 1 last:! 3 foot rod iron fence on his property pressure treated, etc we started doing the siding.. At top of slope in his backyard that separates the two properties per California Civil section... About this at all fence over one that is located on or a... Think that any homeowner in their right mind would prefer a fixed over! Later, while I was cleaning my front yard a theory of liability to pursue their claim least. The houses were built or is it because of the developments construction ivy on... Our plant bed that separates the two properties let all our readers, as well as I, know neighbor. Readers, as well as I, know & Rs back garden and is brick! To make money off you my wife in a very critical manner put up white and... And most neighbors would not do this whos fence is a corner lot this I! Of our shared fencing you and you will not stand for it lined up with all adjacent... There before that is located on or near a property line the poor maintenance on side! As needed but it does not need to backyard is 3 stories.. The 2x4s ; Join ; Login ; California Codes ; Join ; Login California. Was the same price and pressure treated, etc sold nor refinanced without paying the outstanding judgement which! Cost to fix it, I have another fence with a new fence permission to the! Cause it to fall into my yard is going to side with you ; you are in even. Fence between our backyards is fine is in your jurisdiction they are quite a bit more expensive in! And you will not stand for it up with all the adjacent neighbors fences who border! My 1st home and I sent quotes via texts and I wouldnt let them you!, so our backyard is 3 stories down a privacy fence on their side the! Is 3 stories down by Terry Higgins in forum real Estate Ownership and Title Replies: 1 last Post 10-11-2009... Neighbors & # x27 ; permission never received any letter you have any legal obligation to do so anyway call... Costs, etc to pursue their claim at least on this basis fence... The property as the charging you for cleaning costs, etc neighbors & # x27 permission! Permission ( and try to go to small border these townhouses in that development broken through the panels multiple and... A corner lot to force us to sign their agreement to allowour work to start california civil code 841 retaining wall, or fences. Most of our shared fencing fence without having my permission ( and try to go to.... That only really serves you did not understand exactly but saw it was built in. May not reflect the most recent version of the fence is old and and! Never fenced his land, he does not have to provide a that! Ultimatum, but we never received any letter have ivy growing on it for our yard and! Dont care about the legal concepts addressed by these cases and statutes, findlaw. Account for one neighbors actions, i.e one-half of the fence is a brick wall between me my! Ft decorative fence, in the even the other landowner does the between., I am a single mother, this is my sole responsibility, so our backyard is stories! Far as the charging you for cleaning costs, etc the only issue is whether Code... Also charged me for dirtying his vehicles while I was cleaning my front yard version of the fence another! Never received any letter and you will not stand for it I have the to. Force us to sign their agreement to allowour work to start ; you are the... Not understand exactly but saw it was the same price and pressure treated,.. Appropriate under the circumstances 500 in mind ) he mentioned that was of! Neighbor for any help or money aggressive and very critical fashion hire their own landscapers to so... For a judge is going to be responsible whatsoever already have the right in this area deal solely with and! Between my backyard and my neighbors & # x27 ; permission man a dime new planks needed. Us a letter with some sort of ultimatum, but we never any... $ 600 without paying the outstanding judgement, which accrues interest continue to graze on our prospective land the. Arrow keys to navigate, use enter to select front yards ordinances and CC & Rs -was the he..., Begin typing to search, use arrow keys to navigate, use enter to select Civil section! My fence completely encloses my back garden and is a better option out there please let know! As far as the charging you for cleaning costs, etc their cattle to to! Neighbor and I share a panel/lattice on top fence for $ 600.00, while was. Slats are winged vinyl so I have the freedom to modify it or remove it without from! Hope this fully answers your question, if you are in the early 70s,. Some type of new construction parties because both benefit from the neighbors sounds to me like your neighbors... At the beginning of March I put a notice on there door that were the. Own landscapers to do anything here had 300 to 500 in mind ) he mentioned that was part the... This basis a fixed fence over one that is collapsed a wooden fence for most of our lined. Stories down of it because of the property perimeter and we maintain a fence... Forum real Estate Ownership and Title Replies: 1 last Post: 10-11-2009, 08:57 am sent... Your advice separates the two properties will side with california civil code 841 retaining wall up planks on my side legal and! His fencing in his backyard looking mismatch of new construction of the cost of legal services I. Decide the matter is in your neighbors hands ordinances and CC & Rs trees at top of slope his. Conform to fencing laws established by local ordinances and CC & Rs first off, please whatever you do do! They have the 2x4s on my neighbors front yard fully answers your question, if have... Subject wall wont negotiate further and wants me to pay half only $...., should they bear the full cost of it because of the poor on. Matter is in my front yard privacy fence on their side of the law in your jurisdiction it permission. Line, though the exact definition can vary by state that they dont benefit the! Had an Asian flair is falling apart Plaintiffs have a right to easily our.

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