For segmental gravity retaining walls, the detail(s) must clearly identify the block manufacturer; block type, drainage requirements, and maximum wall height. margin-top: 10px; Your next step is to file a lawsuit against him in small claims! Sloping retained soil The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. The neighbor paying (if you are not splitting the cost) would have the right to insist that the good side be pointed towards his yard. My question involves real estate located in the State of: California. Its an aesthetic preference that she wants a brand new fence. 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. From the way you have explained it, I would predict you are not going to be responsible whatsoever. I dont want to get taken to court over this, but my other concern is I am struggling as is, and can no way afford to give our neighbors $3,000 for a fence. 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. Michael, thanks for the question. Having said this I do not believe what your neighbor has done is in any way illegal and I must warn you should you take this stance and they go about replacing the fence according to the steps necessary in the CA good neighbor law, then you would likely lose in court. 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. Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). width: 50%; In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. Neither of these block types is recommended when the retaining wall is supporting a sloping backfill, any other surcharge or a solid fence. this information even though informative it only benefit the contractor. The wall design shall be prepared under the general responsible charge of a California registered structural engineer. This definition also applies to freestanding pool walls. A new fence is going up tomorrow. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. 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. However our back fence was not vinyl, but an older wooden fence, in some need of repair. 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. There is a brick wall between me and my neighbor. We had no say in the decorative fence. T 604-864-5510 E planning-info@abbotsford.ca Building Permits & Licences 1st Floor, 32315 South Fraser Way, Abbotsford, BC T 604-864-5525 E building-info@abbotsford.ca . again please do not pay him a dime. } Im looking forward to returning to your website. float: left; So Im in very different situation from any Ive read. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. 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. The owner of the property that the retaining wall is located on is responsible for the retaining wall. Despite this, many neighbors will downright refuse to pay a penny towards the costs. 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. Redwood trees at top of slope in his his corner hides the fencing in this area. I am very concerned the wall could fall. The wall is leaning significantly toward my property and I am afraid it could fall. 2) If a retaining wall is attached to a building or if a building foundation is directly dependent upon the location and design of the retaining wall it is to be included in the building permit for the construction of the building. Well, its simpler than that. My neighbors have large trees, poor maintenance in vegetation that is against our fence. If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. 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. I am sorry I am reading this over and I think I understand your question. I noticed this when it was almost done. We have both got estimates that are similar in price. This year the fence is leaning towards our house and part of the fence is on the ground, my wife got 3 bids and has contacted a contractor to build a new fence she sent a letter to the gentleman to tell him we are going to replace the fence and He sent us an e mail and I quote as for sending me a bill for my portion of the fence, since I personaly did not agree to participate in the replacement there for I will not pay anything. 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 neighbor does not want to share the cost to fix it, and states it is my sole responsibility. All the Best. I toll my husband to get if fix with out any response from him. Some homeowners don't like enlisting the help of professionals when building at home, but this isn't the time for that. Retaining walls are a popular landscaping feature, especially for homes sitting on sloped or uneven land. If we cannot agree, can we each build our own choice of fence? Do not do so! All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. He does not live in the area. What can we do? 13. Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . Does this mean both neighbors are responsible for the cost of the retaining wall as well? Jim, thank you for the great question. Here is the Actual Law for those of you who like reading this sort of stuff CIVIL CODE Section 841, And for those of you who would rather read a laymans description of the California Good Neighbor Fence Law, here goes. I would have appreciated knowing in advance as I have dogs. The property line shows that the easement belongs to my neighbors parcel. Never gave us the opportunity to make a selection that matched our existing fence. It happens all the time. Neighbor and I share a panel/lattice on top fence for most of our shared fencing. The fence its in a really bad condition. what about security/privacy?) As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . This is simply the exposed wall height and it is for this reason that the Planning, Inspections and Permitting Department interprets UBC 106.2, item 5 as follows: A building permit shall not be required for retaining walls that are not over 3 feet in exposed wall height unless supporting a surcharge . If he continues to do so anyway, call the cops. : 2022121 california civil code 841 retaining wall 2022121 california civil code 841 retaining wall 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. There are many reasons disputes may arise between neighbors when it comes to fences. She insists I pay half of the new fence. 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. 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. He did. Each fence on our own respective properties. We saved all receipts from the hardware store. -Was the retaining wall initially required because the lower neighbor graded their property and therefore it was their responsibility to provide support to the uphill neighbor whose natural support they cut away during the grading and leveling of the property. 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? As long as you have some proof of everything your telling me (i.e. Please let everyone know if you have any ideas as to another route to take. Shouldnt we have a right to easily access our own property? Neighbor wants to upgrade the whole new fence and pay for the whole project. Remove quotes around phrases to match each word individually: "blue drop" will match less than blue drop. He offered to remove our old wooden fence for $600.00. and defecate on them. So you are presented with the same predicament? She does not want to do it that way. 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 gave them 15 days to accomplish this and also gave my phone number. He would have had to get at least 3 bids from reputable companies and presented all these to you. You must pay building, plan check, geotechnical, microfilm, and filing fees. Our situation is different then all the comments I have read. My last correspondence by text with the homeower who lives out of the area is if you want it done now you can do that and pay for it all yourself. So, if you have a hillside property, then you are responsible for ensuring that the soil on the slope on your property is effectively restrained with retaining walls. I dont know why she says that. He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. 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). I built my house many years ago. Shirley Jean. 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. I just had a fence erected between me and my neighbor. 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.
Related Literature About Modular Learning,
Hugh Thompson Testimony,
Articles R