Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! The pool has nothing to do with it. ( Remember, we were never approached about this at all. 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. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. Hi RC fencing! The last thing you want is to be fined by city inspectors because you were found to be in violation of building codes. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. Wed be up for taking down the existing fence down and adding new planks to our side of the new fence but arent sure about it since its 4 inches away from the original fence. I share a fence that is 75 long with a neighbor. 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! I live downhill from a neighboring house which was built after my house. Engineering calculations and associated data; Soils report (if applicable) For detailed plot plan requirements see Building Permit Requirements. 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. If you have a retaining wall or are planning to build one, it is important to ensure the structural integrity of the wall. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence Every property on the North side has the planks and the on Southern fence you have the 2x4s. I am willing to fix it but she wants a new fence. All the Best. 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! I told him that this was not my fence, and explained the history. It seems irresponsible to not include other information that might leave you stuck with the bill. are frequently available from local building supply warehouse stores. She has to get three separate estimates and then you two can agree as to which company to go with. 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! Assuming your neighbor will pay half is incorrect. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? 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! Can my neighbor legally stop me from replacing the fence until we do a survey? I paid for the whole thing and did not ask the neighbor for any help or money. According to the law, you do have the responsibility to pay for half of a shared fence. Do I have to pay for this to be fixed? No work until 30days after certified letter. Do they have the right to force us to sign their agreement to allowour work to start? As you might imagine, this is a fairly unusual scenario. The fence needs to replace much of it because of the poor maintenance on my neighbors side. We didnt do anything about it, as we didnt want to cause problems in our first year here. PDF CALIFORNIA RETAINING WALL TYPE 7B - DETAILS No. 1 Building a Retaining Wall: 8 Dos and Don'ts - Bob Vila UBC 106.2, item 5 states that: A building permit shall not be required for retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge . Our neighbor wants to replace the fence with vinyl fence. Exposed Wall Height is the vertical distance measured from the finish grade at the bottom of the wall (i.e. It just appeared one day. 1. I have owned my house since it was built, in the early 70s. I sent the neighbors a demand letter as they would not answer the door to us for several months of trying (nearly a dozen times). I would send them a letter certified mail with return receipt requested (for proof should you need it down the road) to immediately stop[ all harassment against you, state that you will not be paying them a dime as you were not the homeowner at the time of replacement, and should they wish to take you to court, go ahead! Essentially, neighbors are required to refrain from doing anything to their land that undermines a neighbor's land; or if they do, they're required to shore it up properly at their own expense. In order to interpret this building code section correctly, a clear understanding of the following terms is essential: Retained Wall Height is the vertical distance measured from the bottom of the footing to the finish grade at the top of the wall (i.e. Thank you Jason, I appreciate the advice! The neighbor also has a pool. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. This definition also applies to freestanding pool walls. 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 failure is due to encroachment by my neighbors trees, should they bear the full cost? The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! It clashed with the style of our house. Its an aesthetic preference that she wants a brand new fence. Surcharge is a vertical load imposed on the retained soil that may impose a lateral force in addition to the lateral earth pressure of the retained soil. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. float: left; This is very true OriginalWally, thank you very much for the information! They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. We have both got estimates that are similar in price. To check your legal obligations and responsibility regarding retaining walls, you should contact the Building Department at your local council office. 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. Fence it up and intact. 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. We write another notice that construction date has been pushed up to May. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. It happens all the time. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. The sides of our yard are 6 white vinyl. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? Retaining Walls Los Angeles | LA Structural 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. Therefore he would have had proof that you received a notice and chose to ignore it. Im 21 year old I have put a little more then 1,400 in this fence (redwood) I told him 800+ was material we can go half on that. We cant move forward with the project without the fence removed. when we started doing the siding work. This height does not include the wall and depth of footing below grade. Reduce to suit the length of footing. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . It is very good you havent paid anything for it yet. I suggest that you not continue the repair until it is determined who is responsible. The neighbor is legally responsible to pay for half the fence but only for a fence of similar design not one that is upgraded or more expensive as in a vinyl fence. My husband wants to put the planks on our side. Neither of these block types is recommended when the retaining wall is supporting a sloping backfill, any other surcharge or a solid fence. I have video documentation of the damage . 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 . /* see gallery_shortcode() in wp-includes/media.php */, All These walls above require Building permits. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? Pr nC-sesooi AgGrnoeDv-2Wdl -d i enuf# R-sngei l i eti aal - egbc.ca Also, the new fence could not be an unnecessary upgrade from the previous fence. Now we are stuck and the cost is adding everyday to put home on market for sale. Labor costs for . Your situation is one I have not directly encountered yet, so I will give you my best educated answer, yet please check with a lawyer to be 100% positive. 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. Would have to agree with Potential Customer partly. Thank you! From the way you have explained it, I would predict you are not going to be responsible whatsoever. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. I bought my house last year and my neighbors decide to redo their fence . If we cannot agree, can we each build our own choice of fence? Retaining wall responsibility My neighbors are claiming that an existing retaining wall that is failing is on my property and that I am 100% responsible for it. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. 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. I call upset that he has been pettt by ignoring not just me and my mother but the 2 contractors we tired to hire for this shared fence. Should you have any questions, please stop by the public counter of the Building permit section of the City Hall. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). Without Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? 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. Never asked for financial help. Does this remove us from mutual benefit responsibilities and paying half of the replacement? My neighbor agreed to pay half the cost of putting in a new fence. Especially since they are quite a bit more expensive and in theory will last a lifetime. There were no fences and the neighborhood kids played freely in the yards from house to house. The panel sits at about 8-9 ft off the ground. After I threaten to take him to a small claims court. What recourse do I have? 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. What fees must I pay? Some years back, with consent from the prior owner of the neighboring house, my husband paid for and built a fence in our FRONT yard between our driveway and neighbors side yard for growing plants on (decorative). 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. Then his brother who lives in the house said he would do it and never provided quotes. I had the fence erected entirely on my property. What can I do Im being harassed. Neighbor does not want half he wants full amount. Retaining walls can sometimes be complicated and your friend should likely speak with an attorney to be sure of all details. Joel I wish I could be of more help but this is a question outside my area of knowledge. Thank you for your article. Whether the climate is wet or dry, the walls must support the earth. Fine. I talked to the contractors and they felt bad no notice was given. 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. A retaining wall supports the land and is designed from bricks, timber, masonry, concrete bags, or suitable material. So Im in very different situation from any Ive read. modular concrete units stacked in a running bond pattern without mortar or reinforcement. Seemed fair. 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. They asked permission and we acquiesced but chose not to participate in the fencing. And approached us in an aggressive and very critical manner. There are many reasons disputes may arise between neighbors when it comes to fences. 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. Typically, H-piles are drilled or driven at regular intervals along the planned excavation perimeter, cast in to concrete pier hole. But we do not like the look of vinyl fence.