If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. whose property is the retaining wall actually retaining? What is hus responsibility and should I bear any ? Our backyard fence (100) is on or rear neighbors front yard side fence. Both neighbors are 50% responsible according to the CA Good Neighbor Law. We are buying land. The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. Therefore it seems to me she is trying to rip you off! -Lastly, and I believe the answer is yes to this but is the retaining wall on the boundary line separating you from your neighbors property? Your next step is to file a lawsuit against him in small claims! Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. Then once the fence is finished you can go after him for half the costs minus any extra work that was solely for your benefit (the gate). Shirley Jean. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. 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. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. Retaining wall is which neighbor's responsibility in San Francisco, CA 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. Cantilever or segmental gravity retaining walls with an exposed wall height of three feet or less, where the retained soil does not support a surcharge (i.e. 2. The neighbors called and threatened to sue us. Not your property, not your fence. We both had existing wooden fences, about 12 apart. They told me that as long as I dont pay then Im not allowed to touch their wall at all and they were going to take me to small claims for them to collect what I owed them. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. 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. The Keystone Legacy Block (6 high x 16 wide x 10 deep) product is limited to 3 feet in height or six blocks in height total. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. PDF IR 16-3: EARTH RETAINING SYSTEMS WITH PRECAST CONCRETE OR - California If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. 9. california civil code 841 retaining wall - handsawpress.com I have been a general contractor for nearly 20 years, a carpenter longer than this and a construction law attorney for over 10 years and I can recall the uphill neighbor being responsible for a retaining wall on only rare occasions. Today the homeowner is tearing down a portion of the fence and replacing it with no notice and said he is not replacing the whole fence as we agreed nor my gate. Soldier piles retains soil, using vertical steel piles or wooden posts with horizontal lagging. Also a small child or animal could possibly get into his yard and get in his pool. Call a minimum of 3 fencing companies, such as. There is a fence that runs right through our parcel it is aprox. This, as many people know, can be a whole other issue, and information on the collection can be found on your local county court self-help website. Is there anything I can do to stop neighbors from bullying me? I mentioned it to my neighbor and he does not see anything wrong with the two fences. Best to have a survey done. in the table. Would have to agree with Potential Customer partly. keeping dogs/ children, etc. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. lower soil grade) to the finish grade at the top of the wall (i.e. Typically, H-piles are drilled or driven at regular intervals along the planned excavation perimeter, cast in to concrete pier hole. 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? Hope this helps, let me know if you have any more questions! Your neighbor is on the hook for half of the new fence. You do not absolutely share the cost of the fence. I would have appreciated knowing in advance as I have dogs. All other retaining wall construction will require a separate Building Permit. Thank you for your article. Retaining Wall Permit | County of San Mateo, CA This is very true OriginalWally, thank you very much for the information! This is due to your neighbor not following the required steps. I am a little confused as to your question. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. The only issue is now you must collect the amount ordered to be paid to you. 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! T 604-864-5510 E planning-info@abbotsford.ca Building Permits & Licences 1st Floor, 32315 South Fraser Way, Abbotsford, BC T 604-864-5525 E building-info@abbotsford.ca . The fence currently keeps the neighbors (lot to the east) cattle in. 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. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! I hope this answers your question somewhat good luck with your neighbor! 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. Good luck! Can I do half of the fence and they can do half of the fence? 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. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. 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 (I believe youve already tried this approach and it failed?). Do you need a French drain on your property? Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! However they want to put a new retaining concrete wall and then put the fence on top. It leaves me in this terrible circle. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. : 2022121 california civil code 841 retaining wall 2022121 california civil code 841 retaining wall If this sounds similar to your situation then I believe our article can be very helpful. Without Also, the new fence could not be an unnecessary upgrade from the previous fence. According to the law, you do have the responsibility to pay for half of a shared fence. 13. Do we still split it in half? 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. He does not live in the area. And her contractor for one year. Are we under any legal obligation to pay him a penny? 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. A building permit can usually be issued over the counter when two copies of the following are provided along with a completed permit application: Segmental gravity retaining walls such as Keystone, Allan Block, etc. 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. Thank you! My neighboring fence completely collapsed during a storm. I told him that this was not my fence, and explained the history. resolved successfully in California. Thank you, The common law and statute doesn't allow a downhill property from removing lateral support without replacing it. "At the basic level, a retaining wall is a structure that holds or retains . Who is Responsible for Retaining Wall - ExpertLaw Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. In New South Wales, it is illegal to construct a retaining wall over 600mm high from the ground. or Contact us Here. 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! Can she insist on a new fence and I have to pay for half? While you really cant fix the past, what I would do about the future is document the damage caused by the debris (showing the fence areas without trees and debris), and then ask them if theyd like to keep the fence cleaned off monthly, or would they prefer to split the cost of a lawn care service company to come and keep it cleaned off using a leaf blower. Now the neighbor wants the planks that my husband nailed to be removed. Retaining wall responsibility - Legal Answers - Avvo Include good color pictures. Some retaining walls are structurally necessary, others are purely for looks. It sounds like you own a condo and that it might be a party wall. 30 years ago, the original owner of this neighboring house decided to build a 2-to-4 foot retaining wall (30-feet long) at his cost without consulting with me. Building a Retaining Wall: 8 Dos and Don'ts - Bob Vila Well, its simpler than that. Seemed fair. I know personally, I would never get involved with such a situation! 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. Examples of surcharges are: Retaining-Wall-Design-Guidelines_V1-1_Covers.indd lmf C M Y K CLIeNT bLeeD AD PIC INFO engGeobC th WRITe R PROD DOCKeT LIVe PR FONTS .