california civil code 841 retaining wallstreamlight hlx switch
I signed a contract and the day before installation neighbor said no, fence could not be removed, so I had to have it installed on my side (plus pay the total $3000). Code 841 is California's attempt to resolve this all too common dispute between neighbors. | https://codes.findlaw.com/ca/civil-code/civ-sect-841/. 2. 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. In fact once you file the small claims suit and he is served most people will end up paying then because they dont want the hassle of going to court and they realize they will likely lose anyway. Every state interprets use differently. Yes, that is correct. I am willing to fix it but she wants a new fence. 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? (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 He insists that he could build his side of the wooden fence and our other side if I split the cost with him. the landowner shall give 30 days' prior written notice to each affected adjoining I want to replace our fence and sent multiple notices to our neighbor south of us. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. whose property is the retaining wall actually retaining? Shouldnt we have a right to easily access our own property? It seems we can not agree. 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. Would you please comment on this: After getting the small claims judgement, and the other party still refuses to pay, get the judgement RECORDED, as it then attaches to the property. Cal. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. I have a fence that is in need of replacement. Help . 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. 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. We are buying land. Please let everyone know if you have any ideas as to another route to take. Today I go into my yard to find our shared fence down! 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. Persons. I told him I would also throw my neighbor a bone. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? California Civil Code 841 requires adjacent landowners equally contribute to maintain walls and fences between them. And if a duty exists, then Plaintiffs have a theory of liability to pursue their claim at least on this basis. The California legislature amended Civil Code Section 841, effective January 1, 2014, to clarify in modern English the statute's original intent, i.e., that neighbors gain mutual benefits from the construction and maintenance of a boundary fence between their properties and are therefore appropriately presumed to share equally in the need to contribute to the construction and maintenance of . Fine. Well, its simpler than that. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! My partner and I ran across this different website and decided to take a look around. In many parts of Silicon Valley, the local ordinances provide even more restrictive limitations on the heights of many . I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. They asked permission and we acquiesced but chose not to participate in the fencing. This has been on going for 3 years. She has to get three separate estimates and then you two can agree as to which company to go with. The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. Fast forward 30 days the fencing contractor pushes us out to May. When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. Am I still responsible for half? Are we under any legal obligation to pay him a penny? You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. 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. 2020 EDITION . State they didnt have insurance policies he wanted. Maybe higher. 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. 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. So, like many, I have a real A-hole neighbor! I dont know why she says that. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Civ. Any thoughts not input would be greatly appreciated. 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. Repair vs Replacedue to preference or aesthetic. The good news, you have absolutely nothing to worry about. The new question that arises is if the fence is directly on the property line or on his side what approach do I take to this? Fence it up and intact. Your article however is stating there is a State law that says 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. We deal solely with fences and decks and not siding, etc. 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)? ( Remember, we were never approached about this at all. In other words, while Civil Code section 841 may not prescribe liability for Plaintiffs' claim, Civil Code section 841 does not preclude it. Hi Annie, thanks for the great question! The law becomes a little unclear in instances such as yours but the major factor which is going to decide who is legally responsible is whether or not you have a fence around any part of your yard that is connected to this fence that he wants you to pay half of to replace? The fence needs to be repair. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. Will Biden's Student Loan Program Survive the Supreme Court. 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). Triple damages. This applies only if the fence is currently directly on the dividing lot line. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? 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. Also, it would be good to know for the future in case it happens again. this information even though informative it only benefit the contractor. what if my dog runs off? 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. I do not think this qualifies for a Good neighbor fence. 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. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. Thanks. The judge will side with you; you are in the right in this case! I bought my house last year and my neighbors decide to redo their fence . We did not like it. 841. 111, Suite 100 . 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. Thank you! Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. 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. So you are presented with the same predicament? Right now, we have a block wall fence between my neighbors house and ours. I noticed this when it was almost done. 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. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. Please let us know what better route there is to take, I am sure all our readers as well as I would love to hear all the other options out there! The spiders build their webs on the 2x4s and birds perch on the 2x4s. 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. I am currently dealing with a neighbor that is refusing to fix our shared fence. In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a few exceptions. There hasnt been any communication at all from my neighbor We had no say in the decorative fence. Our neighbor wants to replace the fence with vinyl fence. What if the adjacent property is an apartment complex? . My property is the second house from a corner, so I have 5 neighbors around my property. The . Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! again please do not pay him a dime. evidence, the court shall, in its discretion, consistent with the party's circumstances, We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. Legal Help, Information, and Resources. If one party refuses to cooperate, the other party can do any of the following: The definition regarding Join for Use is likely going to be a major factor in deciding who is legally responsible to pay. Copyright 2023, Thomson Reuters. Then let him know you would be willing to cover 100% of the costs as long as he is willing to switch to a vinyl fence. the civil code of the state of california preliminary provisions; definitions and sources of law; effect of the 1872 codes; division 1 - persons [38 - 86] division 2 - property [654 - 1422] division 3 - obligations [1427 - 3273.16] division 4 - general provisions [3274 - 9566] Usually in small claims if it is under the max amount in your state (usually around 10-15k). All dogs get out. My new neighbor just started replacing all his fencing in his backyard. This was attached to the existing sideyard fence that was part of the developments construction. to the benefit conferred upon that landowner by the fence in question. How about if one of the two landowners chooses to have the fence removed and have no fence? I am going to build block wall on the property line. increasing citizen access. There are many reasons disputes may arise between neighbors when it comes to fences. I hope this answers your question somewhat good luck with your neighbor! Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. Any tips on how to proceed? My fence completely encloses my back garden and is a corner lot. Cal. The neighbor has a large tree that pushed against the fence along with an old mattress behind their shed that did not help with the fence integrity. Per California Civil Code 841, do I have the permission to build the wall on the property line? Any owner or occupant of adjoining property 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. His tenant dog Kill my dog. My gate is set back from the street more than my neighbors. 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. 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. landowner. My last correspondence by text with the homeower who lives out of the area is if you want it done now you can do that and pay for it all yourself. If it comes down to it you might need to get a restraining order against him. Hes going forward with it and we will get the framed side. It clashed with the style of our house. She does not want to do it that way. I have a 5 acre property with no HOA or perimiter fence requirements. 6, 2016). 1810.4.1.4 Driving Near Cased Concrete. proof. It is not something that NEEDS to be done. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. 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. Lastly, the neighbor failed to serve the notice to you. 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. 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. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. It was always referred to as their fence, and nobody else could touch it. I am not certain if I have any legal obligation to do anything here. But we do not like the look of vinyl fence. Effect of the 1872 Codes. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? He then re does his 3 sides but not our shared said nor buy material for it or even ask us to go half for the cheaper material. entrepreneurship, were lowering the cost of legal services and 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. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. One section however that was falling down was simply wooden boards. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). 3 quotes 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. Fight it until the very end! What should I do? Assuming your neighbor will pay half is incorrect. If we cannot agree, can we each build our own choice of fence? 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. He has not responded to my texts since May as to when he will replace the fence. The fence boards (good side) all face our property, the framing is all on their side. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. If he followed these steps then he could go after you in court and would likely win. that would force him to install another 3 foot rod iron fence on his property. Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. Seems like a stalling tactic to avoid paying for it. But calling the cops on me for a one time incident has changed my care free attitude. She is still refusing to do her part. This appears to be the pattern on our block. 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! 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. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. The fence is old and grey but was being maintained with new planks when needed. It refers to a fence that uses sandwich construction, i.e. As long as you have some proof of everything your telling me (i.e. (D) The reasonableness of a particular construction or maintenance project, including We will always provide free access to the current law. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. Our backyard fence (100) is on or rear neighbors front yard side fence. We like the open space and look. Once you get three estimates from reputable companies, present them to her, then decide on a fence contractor, and send your neighbor the 30-day notice. Coterminous owners are mutually bound equally to maintain: 1. 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 . 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. Therefore the law states that this fence is not benefitting your neighbor. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! That being said I believe if you are set on getting a vinyl fence you have two options. First off, if there was no fence there already you shouldnt have to pay anything, especially if it will not finish enclosing your yard giving you that security benefit. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. Paying in full and go to court is not a good resolution to this situation. I have video documentation of the damage . 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? (ii) The extent to which the costs of the project appear to be the result of the landowner's Our properties backup to a small slope. Do owners of homes with pools fall under a different set of rules. We just accepted that it was their fence, since we didnt approve it to be on the property line or attached to the main sideyard fence, and we were forbidden to touch it. what about security/privacy?) We both want to replace it. There is no splitting costs here as there is not shared structure. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. 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). Hope this helps, let me know if you have any more questions! Melissa, very good question. I understood and said whatever wood you do your fence we can get. (3) The presumption in paragraph (1) may be overcome by a preponderance of the evidence and the proposed timeline for getting the problem addressed. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. They have their vinyl fence and we have our wooden fence (though not economically sound). He offered to remove our old wooden fence for $600.00. 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We will get the framed side, yes, in most cases, splitting cost! 3 foot rod iron fence on his property neighbor fence going forward with it and we have our fence... House a few inches, and be solely on my side news, you have options! ( about 100 feet long ) had a wooden fence ( about 100 long! On my own property that NEEDS to be done property, the local ordinances even...