retaining wall responsibility california

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 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. 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). The owner of the property that the retaining wall is located on is responsible for the retaining wall. A retaining wall supports the land and is designed from bricks, timber, masonry, concrete bags, or suitable material. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. She insists I pay half of the new fence. Usually in small claims if it is under the max amount in your state (usually around 10-15k). 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. 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. Also, the new fence could not be an unnecessary upgrade from the previous fence. Although you didnt follow the steps necessary under the CA Good Neighbor Law, if it were me I would go ahead and take him to small claims court. The other 400ft i f that line of fence is livestock open space fencing. 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. level backfill only). If it comes down to it you might need to get a restraining order against him. We were both in agreement to pay half each. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. when we started doing the siding work. 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. We didnt do anything about it, as we didnt want to cause problems in our first year here. 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? My neighbors want the fence between our houses done. 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. The fence is attached on two sides to my neighbors existing fence. In order to do so, he has to place a retaining wall to hold the dirt in place. It leaves me in this terrible circle. The fence is solely your responsibility. 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. My partner and I ran across this different website and decided to take a look around. All the Best. When tiered walls are not properly offset from each other, the upper wall may impose a surcharge condition on the lower wall. If it is on your property and you are sure of it (please make 100% sure) then yes you can go ahead and do whatever you want with it, such as tear it down. We live on a hillside, so our backyard is 3 stories down. If he continues to do so anyway, call the cops. I wasnt even the owner when he decided to build the block fence. Fast forward 30 days the fencing contractor pushes us out to May. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. I am on disability and cannot afford to even split the cost really. I suggest that you not continue the repair until it is determined who is responsible. Redwood trees at top of slope in his his corner hides the fencing in this area. I mentioned it to my neighbor and he does not see anything wrong with the two fences. I will have to replace the rest of the fence to install the gate since I am moving it. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. Both neighbors are 50% responsible according to the CA Good Neighbor Law. 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. Also, it would be good to know for the future in case it happens again. Deferred approvals will not be permitted. Brian, sounds like you have it pretty much figured out. He asked us to help pay for the leaning retaining wall between our properties. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! He offered to remove our old wooden fence for $600.00. 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. His tenant dog Kill my dog. Every property on the North side has the planks and the on Southern fence you have the 2x4s. 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. or Contact us Here. Code in most cities is as follows: retaining wall can't be on the property line because the neighbor who is at the lower elevation owns the wall and has to have enough room at the top for proper drain lines. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! As far as extending the fence, as long as it was built on the boundary line between your two properties, I do not see why you couldnt continue the fence off the post where he ended the one he built. 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. Can I do half of the fence and they can do half of the fence? Retaining Walls Los Angeles | LA Structural Right now, we have a block wall fence between my neighbors house and ours. Can she force me to pay for the materials and she do the labor? I stated I was not the owner at the time, but I was willing to pay half. How is this even possible? You do not absolutely share the cost of the fence. 3 quotes 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). Thanks for any time you spend reading about my situation. requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. Neighbor does not want half he wants full amount. The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. But the legal issues can be as muddy as the mess in your backyard. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Who is Legally Responsible for a Retaining Wall My question involves real estate located in the State of: CA (unincorporated Alameda County) I am the uphill homeowner, my neighbor is the downhill owner. Does it? Lateral resistance of each pile: and edge of footing is 1'-6". No, this will not cause any issues whatsoever. Good luck! 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). 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. Do I have to pay for this to be fixed? I gave them 15 days to accomplish this and also gave my phone number. He does not live in the area. Please let everyone know if you have any ideas as to another route to take. Your Responsibility As A Homeowner: Maintaining Retaining Walls However our back fence was not vinyl, but an older wooden fence, in some need of repair. Gerald Hershenson Esq. They have their vinyl fence and we have our wooden fence (though not economically sound). Nat, yes you are correct. I bought a newly built home in 2000. An anchored retaining wall can be constructed in any of the styles but also includes additional strength using cables or Helical tie backs with other types of rods anchored in the rock or soil behind it. Thank you Jason, I appreciate the advice! If you have any further questions regarding Californias Good Neighbor Fence Law call RC Fences today and we can walk you step by step through the entire process to make sure you dont make any mistakes and risk having to pay the entire cost of your new beautiful fence! Joel I wish I could be of more help but this is a question outside my area of knowledge. What can we do? Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. I hope this answers your question somewhat good luck with your neighbor! Also a small child or animal could possibly get into his yard and get in his pool. The fence needs to be repair. Whos responsible? Shouldnt they have to replace the fence since they removed it? I have a 5 acre property with no HOA or perimiter fence requirements. Yes, that is correct. Who is Legally Responsible for a Retaining Wall - ExpertLaw If the project requires consultation with a structural engineer, hourly charges range from $100 to $200 per hour. Neighbor wants to upgrade the whole new fence and pay for the whole project. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? Maximum spacing between piles is shown. Retaining walls are a popular landscaping feature, especially for homes sitting on sloped or uneven land. What should I do? 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. My neighbor just bought the house next to my rental and moved in and want to put up a new fence to replace the existing one. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? Our neighbor wants to replace the fence with vinyl fence. 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. It is not something that NEEDS to be done. against one of my trees. 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. My husband nailed planks on the fence to cover the 2x4s. Property Line and Fence Laws in California - FindLaw Call a minimum of 3 fencing companies, such as. Adjacent vehicle loads supported by the retained soil Solid fences that are attached (or directly adjacent) to a retaining wall also impose additional lateral forces on a retaining wall when wind pressures act on the 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. But we do not like the look of vinyl fence. Except on the front portion which is in my front yard. From boundary line disputes, to one of the more common issues, which is the neighbor(s) outright refusal to help pay for the cost of a new fence, maintenance or repairs. I am not quite sure I fully understand your question. Are we under any legal obligation to pay him a penny? State they didnt have insurance policies he wanted. 2. This has been on going for 3 years. 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. 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 had no say in the decorative fence. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. Hes going forward with it and we will get the framed side. 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. 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?

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