Neighbor wants to replace fallen fence due to construction on his property. I hope I am understanding your question here correctly?? I am not certain if I have any legal obligation to do anything here. 1. 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. They asked permission and we acquiesced but chose not to participate in the fencing. Effect of the 1872 Codes. My neighbor replaced our old Good neighbor fence. area let me know and Ill go talk to him! She is still refusing to do her part. Property Line Retaining Wall Responsibility. The boundaries and monuments between them; 2. Still proceed to have the fence repaired and then take her to small claims? Were going through a similar situation. 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. We were both in agreement to pay half each. The fence does not enclose their front yard but is still a neighboring fence. My gate is set back from the street more than my neighbors. The term good neighbor just refers to the style of the fence. Therefore it seems to me she is trying to rip you off! Our situation is somewhat different then what I have yet read. I am very concerned the wall could fall. Your neighbor is on the hook for half of the new fence. . the fence. 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. Hope this helps, let me know if you have any more questions! | https://codes.findlaw.com/ca/civil-code/civ-sect-841/. So Im in very different situation from any Ive read. My new neighbor just started replacing all his fencing in his backyard. If replacement is needed because of improperly planted bamboo and neglected maintenance of plants causing encroached on our property line and has warped and beoke pickets, posts and rails, is cost still split? A week later, I came home to find a for sale sign in his lawn. The amount to pay is not a small amount and it can take a long time to collect. How is this even possible? If we cannot agree, can we each build our own choice of fence? Well, I wish I could give you better advice but the matter is in your neighbors hands. He was not nice when I went out to talk to him about it. I mentioned it to my neighbor and he does not see anything wrong with the two fences. In other words, while Civil Code section 841 may not prescribe liability for Plaintiffs' claim, Civil Code section 841 does not preclude it. Do we owe anyliability and responsibility to the neighbors? (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. 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. So he got one estimate and paid the company and then demanded I pay half. I am a single mother, this is my 1st home and I just cant afford $3500. 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] Must give adjoining landowner 30 days' notice before beginning work. 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. He set the first two panels on the slope with good side facing him. The most common dispute is who will incur the costs and whether or not there should be a shared responsibility due to the equal benefit the fence will have. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. Every state interprets use differently. They have the planks on their side and our side has the 2x4s. 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. The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. She has to get three separate estimates and then you two can agree as to which company to go with. However, he wants all the planks on his side while the 2x4s are in my side. Anyway, now that I told my story, I want to get your opinion on whether or not I was within my rights (morally and legally), to refuse to pay for a decorative front yard fence that solely compliments his landscape and is not standard in our neighborhood (even though I did end up paying). California Civil Code 841.4 declares that any fence exceeding 10 feet in height that was "maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance.". The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. 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. Or is it apparent the uphill neighbor . 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. (on their property) We were never asked to pay for any of it. During these early years, most of the neighborhood had children. 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. Triple damages. There was nothing wrong with previous wood fence it had while home was in escrow. 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 would have appreciated knowing in advance as I have dogs. Then it will be for a judge to decide the matter! (4) Where a party rebuts the presumption in paragraph (1) by a preponderance of the CIV Code 841 - 841. We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. 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 have 2 concerns, would we need to pay for the sections that dont enclose our backyard? In determining whether equal responsibility for the reasonable costs would be unjust, This morning we came to see that the townhouses HOA just took it upon themselves to remove the back wall so now we no longer have a back fence wall! Do owners of homes with pools fall under a different set of rules. Never consulted us. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. and defecate on them. Never asked for financial help. Redwood trees at top of slope in his his corner hides the fencing in this area. Pics and docs of the current properties fencing 841. But calling the cops on me for a one time incident has changed my care free attitude. It is not something that NEEDS to be done. I was advised by the HOA board about Cal. The next day, while I was gone, the neighbor came to my wife very agitated and critical, saying, how inconsiderate this was for us to do, how could we, and it was his fence and we were using it and encroaching on his property. But we do not like the look of vinyl fence. Seems like a stalling tactic to avoid paying for it. -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 followed these steps then he could go after you in court and would likely win. 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. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). Can she force me to pay for the materials and she do the labor? 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? real property before and after its installation. 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. Notice of Intent to Alter Shared Boundary Fence. My neighboring fence completely collapsed during a storm. Will we need to pay? FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. I text him to have proof and he calls me to answer do I have no write that he agree to go half. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. There is a brick wall between me and my neighbor. for the reasonable costs of construction, maintenance, or necessary replacement of Thank you. 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. You can also let them know that their best bet at recouping some of the money would be to go after the previous owner of the house. Fight it until the very end! Never gave us the opportunity to make a selection that matched our existing fence. Also, the fence was still in decent shape and we hadnt planned on replacing soon. The good news, you have absolutely nothing to worry about. There is no splitting costs here as there is not shared structure. 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. Legal Help, Information, and Resources. Im looking forward to returning to your website. I am currently dealing with a neighbor that is refusing to fix our shared fence. The fence needs to replace much of it because of the poor maintenance on my neighbors side. The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. There are three main definitions: Occupancy: use of the land up to the fence Having said this I can see where he is coming from, many people are still on the fence as to whether they like the look of vinyl fence yet. Who knows, if this were allowed to take place a neighbor could hire their cousin lets say and pay him whatever fee and then later claim the costs were way higher than actually paid in order to make him or his family member/ associate some extra money. CA Civ Code. Then his brother who lives in the house said he would do it and never provided quotes. Certified letter of intent 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. Code; Civil Code the civil code of the state of california. accelerator store licenses on January 1, 2021. Only 43 of that fence serves me, and then my gate encloses my yard. Today I go into my yard to find our shared fence down! The neighbors called and threatened to sue us. personal aesthetic, architectural, or other preferences. 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? 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! 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. 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 . (ii) The extent to which the costs of the project appear to be the result of the landowner's In California, Civil Code Section 841.4 governs what has commonly become known as spite fences. 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