retaining wall responsibility california

The Definitive Guide to Tree Disputes in California It sounds like you own a condo and that it might be a party wall. How is this even possible? She is still refusing to do her part. Then let him know you would be willing to cover 100% of the costs as long as he is willing to switch to a vinyl fence. I hope the business property has to clean up and replace it. I am very sorry to hear about your situation. Check if your spelling is correct, or try removing filters. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. Usually driven into the material with boring, or rotation and drilling anchors are then expanded at the end of the cable, either by mechanical means or often by injectingcement, which expands to form a bulb in the soil. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. I have a fence that is in need of replacement. neighbors. PDF Retaining Wall Stability and Maintenance - Sunshine Coast Regional District Would have to agree with Potential Customer partly. My husband nailed planks on the fence to cover the 2x4s. The fence its in a really bad condition. As long as you took the proper steps in contacting the owner, getting multiple bids which you presented to him, and hopefully sent him a notice a month prior to starting the work of Intent to Alter Shared Boundry, than according to the CA Good Neighbor Law he is legally responsible to pay you half the costs. Then it will be for a judge to decide the matter! The good news, you have absolutely nothing to worry about. Never consulted us. This definition also applies to freestanding pool walls. 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). You can state you will fight them in court. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. 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! 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. In the broadest terms a wall on the property line might be shared. If it is a party wall both parties are equally responsible for the repair. 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. Shirley Jean. This applies to those who live in rural areas where fences are not as common and many landowners dont want to build or maintain a fence around their property. Also during the raining season, we need to do the roof and siding work asap before the raining season. However, if the neighborhood has a fence around all properties, it really doesnt matter much if the fence is 1 foot over on his yard. Am I correct? Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. I have offered to help with the labor and split the cost 50/50. Only one of them communicated this to us. They have refused, saying that that dont want us to have free access to their property-we would literally only have to take 4-5 steps on their property to get to our our property under the stairs. ( Remember, we were never approached about this at all. I am willing to fix it but she wants a new fence. He should have sent the notice to you 30 days prior to the construction of the fence and should have sent it to you certified mail with the return receipt requested. I toll my husband to get if fix with out any response from him. This applies only if the fence is currently directly on the dividing lot line. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? The neighbor and his fence company will then need to do what any reputable company would do and fix it to make sure both adjoining neighbors are 100% satisfied with the final fence. Fine. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. The fence is horrible now because it does not match existing and neighbor says too bad, that I had agreed to the estimate, even though I had sent link to what I wanted. in the yard, providing security & privacy, etc. It refers to a fence that uses sandwich construction, i.e. That is, if you're talking about retaining wall ideas in your landscape design. again please do not pay him a dime. 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. The fence falls after he rent it out to another family who as well as me has 3 large dogs. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. I would have appreciated knowing in advance as I have dogs. Any tips on how to proceed? 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. I hope I am understanding your question here correctly?? The common law and statute doesn't allow a downhill property from removing lateral support without replacing it. #gallery-1 img { She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. 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. 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. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. 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. That could mean you document the bad shape of the fence and just build it exactly on the property line, while leaving the bad fence on his property, and then send him a bill for half. The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. Also, it would be good to know for the future in case it happens again. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. According to the law, you do have the responsibility to pay for half of a shared fence. It leaves me in this terrible circle. Detail(s) showing complete construction details of the retaining wall. 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. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! Every state interprets use differently. Retaining Wall Code for California for Oakland and San Francisco sorry for the crappy neighbor, youd be surprised how common this really is! Minimum Requirements for Retaining Wall/Level Backfill | Development If so, can I put up planks on my side, once its built? Not your property, not your fence. } Paying in full and go to court is not a good resolution to this situation. 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. 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. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. All the Best. I asked a contractor how much to tear down my older wooden fence. Hes going forward with it and we will get the framed side. Although I know this is now besides the point, I would actually always recommend a custom built fence to the prefabricated fence panels they carry at big box stores. If he asks, and you dont want to pay for any of the fence I would just repeat what I have said here, and that should be the end of it! The other 400ft i f that line of fence is livestock open space fencing. 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. Retaining walls have to be designed and installed carefully because they shoulder a lot of weight. Retaining wall Definition & Meaning - Merriam-Webster At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. are frequently available from local building supply warehouse stores. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. The whole development had to hire their own landscapers to do their front yards. Do we owe anyliability and responsibility to the neighbors? This is the height referred to in UBC 106.2, item 5 and it includes the wall and depth of footing below grade. Code 841, but my fear is that after having a letter certified to her, she will either ignore it or refuse after the 30 days. Complete Guide To Retaining Walls and Your Home | Square One We cant afford the cost for the fence that he wants($14k). But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. My partner and I ran across this different website and decided to take a look around. 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). I wish I could help you, if you live around the Concord, CA. upper soil grade). There is a rebuttable presumption that can be overcome. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. 40 Retaining Wall Ideas That Will Elevate Your Landscaping Call us for a free consultation There hasnt been any communication at all from my neighbor Thank you for your comment/ queston! 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. They said that would be a civil dispute amongst neighbors. Are we under any legal obligation to pay him a penny? But did not want to go through our contractors. The fence boards (good side) all face our property, the framing is all on their side. The property line shows that the easement belongs to my neighbors parcel. 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. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. Our back yard is 150 ft from the property perimeter and we maintain a privacy fence on it for our yard. I know personally, I would never get involved with such a situation! 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. who takes overall responsibility for all aspects of the design and field reviews for the Retaining Wall. 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! You do not absolutely share the cost of the fence. Cantilever or segmental gravity retaining walls with an exposed wall height of three feet or less, where the retained soil does not support a surcharge (i.e. Subscribe to our mailing list to get news and discounts. If he continues to do so anyway, call the cops. Therefore he would have had proof that you received a notice and chose to ignore it. 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.

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