Particularly the location of the wall relative to the boundary. Now Im waiting for a response but Ive already put down a deposit and the contractor seems like a good guy so Im not completely worried that I cant get my money back. ( Remember, we were never approached about this at all. Everything you need to know about the California Good Neighbor Fence Law! This has been on going for 3 years. I do not think this qualifies for a Good neighbor fence. There is a rebuttable presumption that can be overcome. Regardless of the permit requirements, it is important to follow the manufacturers recommendations for each block type since the allowable wall heights vary significantly for each block type. As the wall is next to a footpath lying within the adjoining owners land, ownership of the wall to establish who is liable for the cost of repairs has become an issue. for court! The second reason was the. lower soil grade) to the finish grade at the top of the wall (i.e. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . Although I was not informed in advance, not included in the planning, never saw a quote or even a final bill, I felt bullied, and paid him the $500. The fence does not enclose their front yard but is still a neighboring fence. There has never previously had a boundary fence. Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesnt need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I dont have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). who takes overall responsibility for all aspects of the design and field reviews for the Retaining Wall. Sheets of steel are driven pneumatically in to soft soil in the tight access or flood zones to create an area of excavation, Its Usually deigned by a Structural Engineers, some times including tie backs. Retaining walls have to be designed and installed carefully because they shoulder a lot of weight. During these early years, most of the neighborhood had children. 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. Well, I wish I could give you better advice but the matter is in your neighbors hands. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! Revised on 02-04-2022 A retaining wall is a structure designed and constructed to resist the lateral pressure of soil, when there is a desired change in ground elevation that exceeds the angle of repose of the soil. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. 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 both had existing wooden fences, about 12 apart. He said that would be nice, as most people do not do that. Deferred approvals will not be permitted. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. level backfill only). My fence completely encloses my back garden and is a corner lot. 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! The term good neighbor just refers to the style of the fence. Your article however is stating there is a State law that says otherwise. 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 . While these panels may look nice on the store shelves, they are made from inferior wood products and generally all the lumber is dimensionally smaller. Fence it up and intact. However, you can be right and still have to pay for the whole fence. There hasnt been any communication at all from my neighbor 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. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? 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. Remove quotes around phrases to match each word individually: "blue drop" will match less than blue drop. She just moved into the neighborhood in December, but the strong winds we had back in January/February left us both with a collapsed fence. 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 neighbor also has a pool. You can state you will fight them in court. 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! Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. They have the planks on their side and our side has the 2x4s. This definition also applies to freestanding pool walls. 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. Would have to agree with Potential Customer partly. I was barely in escrow when they did fence as soon as I moved in they asked me to pay them 3,000 I told them that was not my responsibility because the house wasnt mine yet. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? 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. The property line shows that the easement belongs to my neighbors parcel. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. If you are not satisfied with the final product or it isnt what you had agreed upon prior to it being built, then you should not pay! But, our neighbor says that vinyl fence is the cheapest. It is very good you havent paid anything for it yet. Do not do so! I have no idea where your neighbor is getting his information from but it sounds to me like he is trying to take you guys to the cleaners, please whatever you do dont let him do that! Simple as that. Ct . Based on this minimum footing thickness, a retaining wall with a maximum retained wall height of 4 feet would correspond to maximum exposed wall height of 3 feet. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. Plot Plan showing the location, extent, and height of the retaining wall in relation to any building structure, pool, property lines and public utility easements. The panel sits at about 8-9 ft off the ground. 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. Do you need a French drain on your property? I have a neighbor that has built a short retaining wall on his side of the sharing fence line. But did not want to go through our contractors. 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. We were both in agreement to pay half each. All dogs get out. #gallery-1 { The fence is over 25 years old and the entire fence could stand to be replaced. Jim, thank you for the great question. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. Even more important than that is I believe many contractors would not want to get involved with something such as this due to another company building part of a fence they built, so if there are problems down the road, all of a sudden they might take the blame for another companies poor workmanship. Can we keep the planks and not remove it? neighbors. Shouldnt we have a right to easily access our own property? I am on disability and cannot afford to even split the cost really. 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! We do not want, or have a need for this new fence. In summary, I WOULD NOT pay your neighbor a dime, as he not only replaced a fence that didnt need to be replaced in the first place, but he did not follow the proper steps in order to be able to collect half the costs fro0k you via the courts. To further answer your question as to what constitutes a valid reason to replace the fence in the first place, the fence must absolutely be beyond repair and failing. The walls can be designed as cantilever walls, or receive additional lateral support from anchors or bracing. The fence is leaning and needs to be replaced. He then ghosted me, my mother. While repairing is an option sometimes, although we usually do not recommend it, this article is based on the notion that your fence has fully failed, needs replacement immediately, and your neighbor refuses to pay for it. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. However, he wants all the planks on his side while the 2x4s are in my side. Do owners of homes with pools fall under a different set of rules. 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. Lastly, the neighbor failed to serve the notice to you. He has not responded to my texts since May as to when he will replace the fence. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? Yet, I am going to have to disagree with you that this is not a good resolution solely for the fact that there are no other options. You might want to contact legal counsel to review this matter. Im confident if I contracted any work on the wall he would not allow workers on his property. I talked to the contractors and they felt bad no notice was given. One neighbor is not financially able to split the cost but said he would try and chip in what he could. I have 2 concerns, would we need to pay for the sections that dont enclose our backyard? They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. Usually in small claims if it is under the max amount in your state (usually around 10-15k). Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. 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. Whether you received it or not, if he lacks proof, it will do him no good in court. Melissa, very good question. Lagging consisting of wood, steel or precast concrete panels is inserted behind the front pile flanges as the excavation proceeds. 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. If he still refuses now you will need to go down to the courthouse and file a small claims suit against your neighbor and pay the small fee. Is it his right to put the framed side facing us? that would force him to install another 3 foot rod iron fence on his property. Do we still split it in half? I wish they would have just talked to us about going in 50/50 on a new fence. I share a fence that is 75 long with a neighbor. Structural Calculations wet stamped and signed by a California registered civil or structural engineer (or standardized engineering calculations and ICBO Evaluation Report for applicable segmental gravity retaining walls). What is hus responsibility and should I bear any ? again please do not pay him a dime. It leaves me in this terrible circle. So he got one estimate and paid the company and then demanded I pay half. The main one being, that they dont benefit from the erection of said fence. Our situation is different then all the comments I have read. Can she force me to pay for the materials and she do the labor? If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. First is to let the neighbor know if his legal responsibility to pay for half the fence. The wall was apparently put up to create a level lot downhill from my property so another house could be built. Many legal problems can arise otherwise. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? My neighbor agreed to pay half the cost of putting in a new fence. Seismic Earth Pressure . 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 currently keeps the neighbors (lot to the east) cattle in. We asked if we could pay for a gate to be put into the fence at our cost so we could have access to the area. Therefore it seems to me she is trying to rip you off! walls and retaining walls supporting more than 6 feet (1.83 m) of backfill height due to design earthquake ground motions Due to the variability in soil properties throughout the County of Los Angeles, the design professional must take care in his or her analysis of basement and site retaining walls.
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