He was not able to remove our fence othe next day, but was able, last minute to come three days later when we were out of town for the day. He did not cut the wood to fit the slope setting the first panel adjacent to backyard neighbor fence up off the ground, leaving a large, hollowed out, open area in the slope on my side which now will cause erosion, and I believe failure of the fence when winter comes. I had contacted my neighbor twice that we need to get the fence fix. Also, I think you lucked out not having your neighbor or his family members build the fence themselves, they sound like a bunch of flakes. We have both got estimates that are similar in price. 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. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. So he got one estimate and paid the company and then demanded I pay half. Whos responsible? upper soil grade). If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. One neighbor is not financially able to split the cost but said he would try and chip in what he could. Im just wondering if the wording of the invoice would create any sort of legal rights to the neighbor; if so, should I have the contractor change the wording? Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? 15 - Retaining Walls | Los Angeles Bureau of Engineering Permit Manuals For segmental gravity retaining walls, the detail(s) must clearly identify the block manufacturer; block type, drainage requirements, and maximum wall height. 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. I paid for the whole thing and did not ask the neighbor for any help or money. Will we need to pay? A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. I told him that this was not my fence, and explained the history. If you have a retaining wall or are planning to build one, it is important to ensure the structural integrity of the wall. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. I hope I am understanding your question here correctly?? A retaining wall supports the land and is designed from bricks, timber, masonry, concrete bags, or suitable material. Good Luck! 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. It is entirely visible on their side. Those people moved out and a new family moved in. Retaining Wall Permit | County of San Mateo, CA My husband wants to put the planks on our side. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. 40 Retaining Wall Ideas That Will Elevate Your Landscaping If you have any questions or want an estimate dont hesitate to contact us. 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. Assuming your neighbor will pay half is incorrect. A day later, while I was out, the neighbor came and spoke to my wife in a very critical fashion. Our backyard fence (100) is on or rear neighbors front yard side fence. The Definitive Guide to Tree Disputes in California Retaining Wall Cost: Labor Prices and Material Estimates - Forbes PDF IR 16-3: EARTH RETAINING SYSTEMS WITH PRECAST CONCRETE OR - California Today I go into my yard to find our shared fence down! Still, we would have been happy to go 50/50 on a new fence but they did not inform us and did ask for us to help pay for a new fence. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? My fence completely encloses my back garden and is a corner lot. 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. We both had existing wooden fences, about 12 apart. Secondly, is the fact that she is stating the material are the same costs as the labor; that would be a huge red flag for me. 30 years ago, the original owner of this neighboring house decided to build a 2-to-4 foot retaining wall (30-feet long) at his cost without consulting with me. poor maintenance, or sprinklers hitting the fence, etc., causing damage to the fence, therefore, causing the fence to have to be replaced before it should have with proper care and maintenance. At the very least they are very cheap, which would mean an inferior crappy fence that isnt going to last as long as it should! 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. I text him to have proof and he calls me to answer do I have no write that he agree to go half. Part of the fence is now leaning into the neighbors property. when we started doing the siding work. If we cannot agree, can we each build our own choice of fence? The spiders build their webs on the 2x4s and birds perch on the 2x4s. This height does not include the wall and depth of footing below grade. 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. 8 years ago I was worried that my dog would get injured by the new neighbors aggressive bulldog so I suggested we put up a new fence, he said sure as long as I replaced with heavy duty commercial chain link with slats (original is a leaning 42 yr old commercial chain link with broken and missing wood slats). Seemed fair. My neighbor replaced our old Good neighbor fence. this information even though informative it only benefit the contractor. 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. It leaves me in this terrible circle. Our neighbor wants to replace the fence with vinyl fence. in the table. What options do I have? Claiming to only want to speak to said contractor or my brother( union famer but didnt live here) not me or my mother. Deferred approvals will not be permitted. It blocks NOTHING in only on their side, which is why they want it done. He asked us to help pay for the leaning retaining wall between our properties. 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. 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. Hi Annie, thanks for the great question! The fence does not enclose their front yard but is still a neighboring fence. They want us to pay for 1/2 of the repair. 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. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. They have the planks on their side and our side has the 2x4s. All other retaining wall conditions such as taller walls, tiered walls, and/or walls supporting sloping backfill (or other surcharges) will generally require a building permit. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. Structure footings supported by the retained soil whose property is the retaining wall actually retaining? I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. Pics and docs of the current properties fencing It seems we can not agree. Gerald Hershenson Esq. He agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. Our situation is somewhat different then what I have yet read. Neighbor Disputes Over Water Damage | Nolo Whether you received it or not, if he lacks proof, it will do him no good in court. I do not see why you wouldnt be able to do what youre proposing except for the fact that it could bring along with it a lot of issues. Nat, yes you are correct. 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 neighbors want the fence between our houses done. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! 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. My relationship with this neighbor is not good. Neighbor does not want half he wants full amount. Typically, H-piles are drilled or driven at regular intervals along the planned excavation perimeter, cast in to concrete pier hole. Paying in full and go to court is not a good resolution to this situation. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved.