We both want to replace it. Practical Uses & Property Aesthetics 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. whose property is the retaining wall actually retaining? Soldier piles retains soil, using vertical steel piles or wooden posts with horizontal lagging. then more than likely a judge is going to side with you. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. If it is on your property and you are sure of it (please make 100% sure) then yes you can go ahead and do whatever you want with it, such as tear it down. Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. We also included a timeline of when we planned on repairing the fence ( that weekend ) and to contact us if there were concerns or wanted to further discuss the cost and/or actions of the repair (included name and number) .We did not give them a 30 day notice however as we have a dog and the fence was completely collapsed (are you suppose to wait 30 days in these situations? 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. I am very concerned the wall could fall. Theres an easement/driveway between my backyard and my neighbors front yard. "At the basic level, a retaining wall is a structure that holds or retains . The term good neighbor just refers to the style of the fence. Secondly, his dogs have broken through the panels multiple times and bit our dogs twice. This neighbor is neither very smart or kind, and I just want to be prepared for when he goes apoplectic once a fence is installed, as well as collecting half $$ once he decides to modify what will then be his side. I think it was never our intent to have a fence and continue to advocate for no fence. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. 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. 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. Eventually, we could no longer see the fence from our side. Include good color pictures. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. The rest of the fence between our backyards is fine. Period. All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. I am very sorry to hear about your situation. Part of the fence is now leaning into the neighbors property. I have video documentation of the damage . The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. 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). That or they will have to take it to small claims court where you will then be able to plead your side and hopefully you have kept pictures, notes, correspondence between you and neighbor as all this will be very important to your court case. Your next step is to file a lawsuit against him in small claims! Most likely your neighbor did it purely for aesthetic reasons, and that is not a valid reason if he wished to be reimbursed for half the costs down the road. In short, the law says that the lower neighbor "owes" support to the upper/higher neighbor. I am not certain if I have any legal obligation to do anything here. If you are not completely set and getting a vinyl fence then obviously your option would be to build a new wooden fence of similar quality to your previous one and require the neighbor to pay half the cost which would probably be your best bet in this situation. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? 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. 15 - Retaining Walls | Los Angeles Bureau of Engineering Permit Manuals 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. He came and did the job. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. Retaining walls of 50 feet or more typically cost between $4,000 and $10,000. A civil or structural engineer should design any walls that rise more than 1 m high. However, he wants all the planks on his side while the 2x4s are in my side. My husband nailed planks on the fence to cover the 2x4s. Any advice on how to proceed or deal with this overbearing representative? Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. No work until 30days after certified letter. Fine. After I threaten to take him to a small claims court. UBC 106.2, item 5 states that: A building permit shall not be required for retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge . Today I go into my yard to find our shared fence down! 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. You need to stand your ground, tell him you will not be paying for any of the costs of the wall, or anything else for that matter. Building a Retaining Wall: 8 Dos and Don'ts - Bob Vila First off, it might end up looking funny as often different fence companies use different grades of wood from different suppliers as well as have their own building techniques which may not match the other contractors. One side of my fence is 630ft of that side 220ft of the fence are a neighbors backyard privacy fence that the builder put in. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. 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! Despite this, many neighbors will downright refuse to pay a penny towards the costs. Do I have to pay for this to be fixed? 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. What options do I have? The only issue is now you must collect the amount ordered to be paid to you. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. I am a little confused as to your question. 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. I dont know why she says that. As far as the charging you for cleaning costs, etc. who takes overall responsibility for all aspects of the design and field reviews for the Retaining Wall. How is this even possible? He then re does his 3 sides but not our shared said nor buy material for it or even ask us to go half for the cheaper material. Join for use: the attachment of another fence to the boundary fence 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. Our situation is somewhat different then what I have yet read. First is to let the neighbor know if his legal responsibility to pay for half the fence. The neighbors called and threatened to sue us. The quotes Ive gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. I am on disability and cannot afford to even split the cost really. Neighbor wants to upgrade the whole new fence and pay for the whole project. Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. If so, can I put up planks on my side, once its built? Minimum Requirements for Retaining Wall/Level Backfill | Development -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. Good Luck! 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. An anchored retaining wall can be constructed in any of the styles but also includes additional strength using cables or Helical tie backs with other types of rods anchored in the rock or soil behind it. lower soil grade) to the finish grade at the top of the wall (i.e. The common law and statute doesn't allow a downhill property from removing lateral support without replacing it. What if the adjacent property is an apartment complex? 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. Start out by documenting the current condition of the fence. That is, if you're talking about retaining wall ideas in your landscape design. The fence does not enclose their front yard but is still a neighboring fence. A new fence is going up tomorrow. I am not quite sure I fully understand your question. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. Joel I wish I could be of more help but this is a question outside my area of knowledge. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. We had no say in the decorative fence. (on their property) We were never asked to pay for any of it. You might want to contact legal counsel to review this matter. Jim, thank you for the great question. This has been on going for 3 years. Pr nC-sesooi AgGrnoeDv-2Wdl -d i enuf# R-sngei l i eti aal - egbc.ca We have both got estimates that are similar in price. It seems irresponsible to not include other information that might leave you stuck with the bill. Our backyard fence (100) is on or rear neighbors front yard side fence. It blocks NOTHING in only on their side, which is why they want it done. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. Reduce to suit the length of footing. 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. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. Can she force me to pay for the materials and she do the labor? There was nothing wrong with previous wood fence it had while home was in escrow. 40 Retaining Wall Ideas That Will Elevate Your Landscaping (510) 547-2457 The neighbor also has a pool. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. What happens then? Do they have the right to force us to sign their agreement to allowour work to start? Anyway, can they sue me for 1/2 the cost of this ? Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. The answer is a definite NO She cannot make up the rules and make you agree to her installing the fence while you pay for all the materials. The main one being, that they dont benefit from the erection of said fence. Who is Legally Responsible for a Retaining Wall - ExpertLaw 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. They would then have the law on their side and if they went through the proper steps outlined above, most likely would win a judgment against you. text messages, etc.) They put up white posts and rails, tan slats. 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. Who is responsible if a retaining wall on or near property lines - Avvo It has to be built tough and allow drainage without giving way. Also, the fence was still in decent shape and we hadnt planned on replacing soon. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. Can my neighbor legally stop me from replacing the fence until we do a survey? 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. Therefore he would have had proof that you received a notice and chose to ignore it. We just accepted that it was their fence, since we didnt approve it to be on the property line or attached to the main sideyard fence, and we were forbidden to touch it. Then his brother who lives in the house said he would do it and never provided quotes. Im 21 year old I have put a little more then 1,400 in this fence (redwood) I told him 800+ was material we can go half on that. If you have a retaining wall or are planning to build one, it is important to ensure the structural integrity of the wall. It gets a little complicated when it comes to retaining walls. Melissa, very good question. 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 wish they would have just talked to us about going in 50/50 on a new fence. I know I cant remove the 3 foot rod iron fence because it is totally on his property but can I remove the 6 foot fence that is on my property? He did. So Im in very different situation from any Ive read. I have a neighbor that replaced my fence on one side. And her contractor for one year. #gallery-1 .gallery-caption { I don't agree with Mr. Olden. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? Deferred approvals will not be permitted. Redwood trees at top of slope in his his corner hides the fencing in this area. Retaining wall law | Legal Advice - LawGuru Hi RC fencing! Today the homeowner is tearing down a portion of the fence and replacing it with no notice and said he is not replacing the whole fence as we agreed nor my gate. 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. For example, Keystone limits their Garden Wall (4 high x 12 wide x 9 deep) product to 2 feet in height or six blocks in height total. From boundary line disputes, to one of the more common issues, which is the neighbor(s) outright refusal to help pay for the cost of a new fence, maintenance or repairs. Im looking forward to returning to your website. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. 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 did not understand exactly but saw it was the same price and pressure treated, etc. 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. Thank you. This is if you dont take the proper steps leading up to the construction of the fence. We did not like it. A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. Good luck! 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. Some retaining walls are structurally necessary, others are purely for looks. Your neighbor is on the hook for half of the new fence. 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. If it comes down to it you might need to get a restraining order against him. PDF CALIFORNIA RETAINING WALL TYPE 5SWBP-DETAILS No. 1 Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? unless soil passive resistance is included. You do not absolutely share the cost of the fence. Whether they are facing financial hardships of their own, are very tight with their money, or just take no pride in the upkeep of their property, the refusal usually comes from the misconception that they are not legally responsible to pay. Thanks. Its an aesthetic preference that she wants a brand new fence. It is entirely visible on their side. The second and third reasons only apply if the fence needed to be replaced in the first place, but I will touch on them anyway. It only benefits them. Maximum spacing between piles is shown. Each fence on our own respective properties. Hello, My neighbor installed a 6 foot rod iron fence with brick pillars which is about 3 to 4 inches on my property The fence is only about 15 feet long and was installed years ago. I do not think this qualifies for a Good neighbor fence. 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.
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