This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. 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. I have owned my house since it was built, in the early 70s. 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. However, he wants all the planks on his side while the 2x4s are in my side. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. The sides of our yard are 6 white vinyl. Neighbor wants to replace fallen fence due to construction on his property. I am not quite sure I fully understand your question. There is a rebuttable presumption that can be overcome. They did not inform us and did ask for us to help pay for the fence. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. If and when we need to replace the fence sooner that should have to be, what action should I take since he doesnt seem to comprehend that what he has done is probably illegal. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. California Civil Code Section 841.4 states: Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. Your neighbor is on the hook for half of the new 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. We do not want, or have a need for this new fence. Cal. Never consulted us. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? (1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall . evidence, the court shall, in its discretion, consistent with the party's circumstances, this information even though informative it only benefit the contractor. Concrete shall not be placed in casings within heave range of driving. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! (3) The presumption in paragraph (1) may be overcome by a preponderance of the evidence The fence is old and grey but was being maintained with new planks when needed. Many legal problems can arise otherwise. 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! He does not live in the area. Our left siding wall base are dropped to the two neighbors very end of their backyard. (2) Adjoining means contiguous to or in contact with. Pics and docs of the current properties fencing Any advice on how to proceed or deal with this overbearing representative? Our properties backup to a small slope. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. 1. Original Source: However, the fence installed has a deep setback, meaning half our lots side yard has new fencing, and the other half has no fencing at all (dont think it ever did). real property before and after its installation. I am very sorry to hear about your situation. I think it was never our intent to have a fence and continue to advocate for no fence. that would force him to install another 3 foot rod iron fence on his property. The term good neighbor just refers to the style of the fence. I dont know why she says that. 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). Our neighbor wants to replace the fence with vinyl fence. Paying in full and go to court is not a good resolution to this situation. This guy is very unstable and recently called the cops on me for vandalizing his toyota camary because my sprinkler popped and (lightly) sprayed his cars passenger side, which he berated me for. I was advised by the HOA board about Cal. Code 3346. No fences. We want to remove the fence on our land, so we can access 100% of our land from our entry gate. The notice shall include notification of the presumption of equal responsibility Theyre so close that the trunks of the trees have pushed against the lower fence rail and caused the fence to separate from one of the posts and lean into my yard. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. They always ignored them, I eventually thought they just dont care and I made it clear Im not looking for any money if they cant afford it. I hope I am understanding your question here correctly?? However, it was brought to my attention that the retaining wall the fence is on is failing and will need to be replaced before the fence can go up. Claiming to only want to speak to said contractor or my brother( union famer but didnt live here) not me or my mother. Hi Annie, thanks for the great question! Those people moved out and a new family moved in. A week later, I came home to find a for sale sign in his lawn. Also if you file a small claims suit you can go after him for all your time you spent going after him for the money like the time it took you to go to the courthouse, etc. 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. Refreshed: 2018-05-15. To keep the peace, we planted shrubs that created a barrier between our lawn and THEIR fence, so nobody can get to their fence from our side. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! I have a neighbor that has built a short retaining wall on his side of the sharing fence line. 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. fence, the proposed solution for addressing the problem, the estimated construction 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. My name is***** I live in Alhambra, CA. Therefore the law states that this fence is not benefitting your neighbor. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . He has not responded to my texts since May as to when he will replace the fence. 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. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). Everything you need to know about the California Good Neighbor Fence Law! Despite this, many neighbors will downright refuse to pay a penny towards the costs. It clashed with the style of our house. Section R404.1.1.1 is added to read as follows: Concrete and masonry foundation walls and retaining walls with a height of four (4) feet measured from the bottom of the footing shall have the construction documents approved and stamped by a California licensed architect or engineer. Your article however is stating there is a State law that says otherwise. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. The law places responsibility on both parties because both benefit from the fence. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. I am going to build block wall on the property line. My neighbors want the fence between our houses done. Which has become an eyesore. or maintenance costs involved to address the problem, the proposed cost sharing approach, So, like many, I have a real A-hole neighbor! Our backyard neighbors dont trim their trees (70 feet high) or their shrubs and now a few sections of the fence are leaning in our backyard due to the foliage pushing against and through the fence. Join for use: the attachment of another fence to the boundary fence (b) (1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be . Are you trying to say the fence will be in the front yard and therefore is not necessary or does it extend from the backyard all the way through to the front. I do not think this qualifies for a Good neighbor fence. Redwood trees at top of slope in his his corner hides the fencing in this area. Preliminary Provisions. When I first moved in, he wanted to replace the current side yard fence, he played friendly for a bit, and so we split the cost 50/50. Also, the fence was still in decent shape and we hadnt planned on replacing soon. I think she should pay half. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. I built my house many years ago. I never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. We intend to remove the fence. His tenant dog Kill my dog. Property Line Retaining Wall Responsibility. order either a contribution of less than an equal share for the costs of construction, keeping dogs/ children, etc. I am willing to fix it but she wants a new fence. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? Does this mean both neighbors are responsible for the cost of the retaining wall as well? Michael, thanks for the question. Period. Nat, yes you are correct. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. 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