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. Thank you, (C) Whether the financial burden to one landowner would impose an undue financial What recourse do I have? Make a demand to the neighbor for half of the costs. Would we lose in small claims court? We were both in agreement to pay half each. (b) (1) Adjoining landowners are presumed to share an equal benefit . (ii) The extent to which the costs of the project appear to be the result of the landowner's I dont know why she says that. All the Best. The only way to force your neighbor to spend $1000 he or she probably doesn't have is to drag them into court and seek a court order making them spend $1000 that he or she probably doesn't have, and to convince the court that Civil Code 841(b) really doesn't mean I can elect to let my fence fall over it I want to. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. Include good color pictures. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. Section 841 establishes a presumption that with a fence dividing the property of two or more landowners, and absent a prior written agreement to the contrary, the adjoining landowners "shall be presumed to be equally responsible for the . I will have to replace the rest of the fence to install the gate since I am moving it. I sent a link to a fence I had received an estimate on: This fence was panels with lattice on top from Lowes to replace the falling down fence that was not panels but simply boards but would match the rest of the shared fence. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. If so, can I put up planks on my side, once its built? (1) A retail marijuana accelerator store license may be issued to a social equity My neighboring fence completely collapsed during a storm. Published by EPSTEN, APC . 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? How do I keep the gap clear or how can I get my neighbor to allow a new fence on the property line (since he has 2 large dogs it cant come down without his participation)? 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! As I just stated I would be very hesitant to allow her to build the fence for two reasons. 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. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. Good luck! and the proposed timeline for getting the problem addressed. 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. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! The fence currently keeps the neighbors (lot to the east) cattle in. (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 presumed to be equally . Then it will be for a judge to decide the matter! what about security/privacy?) I am not certain if I have any legal obligation to do anything here. Location: I stated I was not the owner at the time, but I was willing to pay half. He has not responded to my texts since May as to when he will replace the fence. The fence has deteriorated and a section has fallen over. And approached us in an aggressive and very critical manner. Your right, the Good Neighbor Law does not cover upgrades or replacing a fence just because it looks bad, yet I will not go into detail regarding this as this information is all clearly stated in the article which you would have known had you fully read it! In fact once you file the small claims suit and he is served most people will end up paying then because they dont want the hassle of going to court and they realize they will likely lose anyway. As far as extending the fence, as long as it was built on the boundary line between your two properties, I do not see why you couldnt continue the fence off the post where he ended the one he built. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. order either a contribution of less than an equal share for the costs of construction, Property. Refreshed: 2018-05-15. 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. proof. In other words, it is no longer capable of serving its intended purpose, i.e. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! The Act rewrites California Civil Code section 841, presumes equal responsibility for neighboring landowners for a boundary fence, and explains how to rebut this presumption. Our properties backup to a small slope. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. I hope this answers your question somewhat good luck with your neighbor! Ive got all my quotes and now guess what.. none of them will agree to the job unless both homeowners consent! If you cant abide by the rules that make the neighborhood clean and what probably attracted you to purchase in the first place, buy elsewhere! Im in LA county and spoke with a small claims advisor they said that I could sue for half the cost of the job with quotes, but apparently a judge cant order for the consent of the job, but I figure at that point if youve already had to pay you might as well agree to the fix. 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. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. of an accelerator-endorsed retail marijuana store. I had the fence erected entirely on my property. That being said I believe if you are set on getting a vinyl fence you have two options. The boundaries and monuments between them; 2. 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. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? ( Remember, we were never approached about this at all. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. You need to tell him he is harrasing you and you will not stand for it. 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. 15.06.130 Section R404.1.1.1Foundation and retaining walls. I think it was never our intent to have a fence and continue to advocate for no fence. So Im in very different situation from any Ive read. But we do not like the look of vinyl fence. I am going to build block wall on the property line. Am I correct? Secondly, I wouldnt pay them a dime if I were you. 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. Now in your case it seems that although it was a custom built fence and not prefabricated panels, it was very poorly built and looks terrible? Shirley Jean. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? 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. California Boundary Fence Laws. First off, if there was no fence there already you shouldnt have to pay anything, especially if it will not finish enclosing your yard giving you that security benefit. I talked to the contractors and they felt bad no notice was given. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. 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. 1. To further answer your question as to what constitutes a valid reason to replace the fence in the first place, the fence must absolutely be beyond repair and failing. As long as you have proof that your neighbors shed caused all the damage due to being improperly anchored down, then I would not accept any responsibility and pay a dime to make the repairs, instead demand he do so! My fence completely encloses my back garden and is a corner lot. construction, maintenance, or necessary replacement of the fence. what if my dog runs off? Is this situation an exception? We need to have some stucco repair to the side of our house in that area and would like to be able to get in there periodically to weed, etc. Deep foundation elements shall not be driven within four and one-half average diameters of a cased element filled with concrete less than 24 hours old unless approved by the building official. Stay up-to-date with how the law affects your life. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=841. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. At the very least, even if your neighbor doesnt see your side of the issue and still believes both of you should split the costs evenly, hopefully, you can convey the importance of proper care and maintanence for the new fence in the future to prevent another similar issue down the road. After I threaten to take him to a small claims court. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. I know this is not exactly fair and therefore a situation like this is best handled by sitting down with your neighbor and trying to have a mature constructive conversation. | https://codes.findlaw.com/ca/civil-code/civ-sect-841/. (c) For the purposes of this section, the following terms have the following meanings: (1) Landowner means a private person or entity that lawfully holds any possessory interest in https://california.public.law/codes/ca_civ_code_section_841. UBC 106.2, item 5 states that: "A maintenance, or necessary replacement of the fence would be unjust. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? I appreciate your comment, but you must realize the majority of the time, these cases will be fought in small claims court by neighbors without much legal knowledge or without additional attorneys and the judge will likely follow the letter of the law. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. 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. The fence does not enclose their front yard but is still a neighboring fence. A new fence is going up tomorrow. 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. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. Except as provided in paragraph (1), the action shall be filed in superior court and, notwithstanding Section 1141.13 of the Code of Civil Procedure, the action shall be subject to judicial arbitration pursuant to Chapter 2.5 of Title 3 of Part 3 (commencing with Section 1141.10) of the Code of Civil Procedure. 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. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). 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. 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. 2020 California Code Civil Code - CIV DIVISION 2 - PROPERTY PART 2 - REAL OR IMMOVABLE PROPERTY TITLE 3 . Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. I asked a contractor how much to tear down my older wooden fence. The rest of the fence between our backyards is fine. Is this situation an exception? Paying in full and go to court is not a good resolution to this situation. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. The whole development had to hire their own landscapers to do their front yards. Pursuant to Civil Code Section 841.4, a "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." We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. Civil Code Section 841. Part of California fence law, California Civil Code 841, describes the rights and responsibilities of those who share a fence along a mutual boundary line. We live on a hillside, so our backyard is 3 stories down. In this scenario, would the State law trump the city? How is this even possible? for non-profit, educational, and government users. -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. First off, please whatever you do, do not pay this man a dime. I share a fence that is 75 long with a neighbor. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. Fine. 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. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. I have a shared fence with my neighbor and we plan to share the cost of a new fence equally since it collapsed with strong winds a few months ago. But over the years, their sprinklers, trees planted too close and their own children caused the fence to be constantly in a state of disrepair. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. The fence is attached on two sides to my neighbors existing fence. 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. This is if you dont take the proper steps leading up to the construction of the fence. The neighbors stated that we are not allowed to starting the siding job until a agreement drawn by them signed by our contractor, me/owner, and the 2 My husband wants to put the planks on our side. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. evidence, the court shall, in its discretion, consistent with the party's circumstances, Only one of them communicated this to us. In determining whether equal responsibility for the reasonable costs would be unjust, I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. Search California Codes. California Civil Code 841 requires adjacent landowners equally contribute to maintain walls and fences between them. a picture frame fence since it looks the same from both sides, or when a basic nail-up fence is built with alternating panels, hence both neighbors get equal shares of the bad and good sides. Determine if a building permit is required for retaining wall construction. Period. Im confident if I contracted any work on the wall he would not allow workers on his property. I informed him that I already have a contractor in place but he was insistent that I use who they subcontract through and ordered me not to proceed any further. The main one being, that they dont benefit from the erection of said fence. I text him to have proof and he calls me to answer do I have no write that he agree to go half. Does this remove us from mutual benefit responsibilities and paying half of the replacement? Usually in small claims if it is under the max amount in your state (usually around 10-15k). My husband nailed planks on the fence to cover the 2x4s. There hasnt been any communication at all from my neighbor It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. While each neighbor may only see one side of the fence, this particular portion of California law outlines basic etiquette that each neighbor must uphold. I paid for the whole thing and did not ask the neighbor for any help or money. There has never previously had a boundary fence. Thank you! (2) The state licensing authority shall begin accepting applications for retail marijuana Once the fence is completed, make payment in full to the contractor, making sure to keep all documents such as invoices, receipts, copies of your check, etc. Still proceed to have the fence repaired and then take her to small claims? What happens then? Can my neighbor legally stop me from replacing the fence until we do a survey? 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. Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. He set the first two panels on the slope with good side facing him. Which has become an eyesore. 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. Hi Annie, thanks for the great question! Can I do half of the fence and they can do half of the fence? 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. It blocks NOTHING in only on their side, which is why they want it done. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. Penal Code 384a. My relationship with this neighbor is not good. Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. Please let everyone know if you have any ideas as to another route to take. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. They are extremely weak and the most a customer should expect from them is a few years life. licensee to exercise the privileges of a retail marijuana store licensee on the premises Thanks! Can she force me to pay for the materials and she do the labor? The judge will side with you; you are in the right in this case! I have a fence that is in need of replacement. You are correct that retaining wall issues can be substantially different than shared fence issues. 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. Despite this, many neighbors will downright refuse to pay a penny towards the costs. 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). There is a fence that runs right through our parcel it is aprox. And her contractor for one year. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. You can state you will fight them in court. We cant afford the cost for the fence that he wants($14k). We intend to remove the fence. I hope the business property has to clean up and replace it. 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. There were 3 major mistakes on his part. How about if one of the two landowners chooses to have the fence removed and have no fence? We write another notice that construction date has been pushed up to May. We did not like it. One neighbor is not financially able to split the cost but said he would try and chip in what he could. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? Thanks for any input. personal aesthetic, architectural, or other preferences. I would imagine it will not be built as well as a professional could do, therefore down the road, it will likely fail much sooner! Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. My neighbor replaced our old Good neighbor fence. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. Everything you need to know about the California Good Neighbor Fence Law! Today I go into my yard to find our shared fence down! By Terry Higgins in forum Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 AM. Thank you Jason, I appreciate the advice! Our situation is different then all the comments I have read. He said he will take me to small claims if I do not pay him. So now HOA is advising me to serve her with the 30 days notice and if she still refuses to then take her to small claims to have the judge order her to agree to the fence replacement and payment. landowner. https://codes.findlaw.com/ca/civil-code/civ-sect-841/, Read this complete California Code, Civil Code - CIV 841 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting'. Your situation is one I have not directly encountered yet, so I will give you my best educated answer, yet please check with a lawyer to be 100% positive. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. CIVIL CODE 895 - 945.5 . Is it his right to put the framed side facing us? Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. Does this mean both neighbors are responsible for the cost of the retaining wall as well? I kind of felt backed into a corner and found myself becoming a bit defensive to where I dont even wanna deal with this representative for the rental company. I have issues with that because the old fence had the planks on my side. Cal. I am a little confused as to your question. Party Walls. 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. 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. . It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? Can we keep the planks and not remove it? Start out by documenting the current condition of the fence. My partner and I ran across this different website and decided to take a look around. He also damaged a small two foot retaining wall that serves in that corner of my yard as a decorative feature as well as a way to halt erosion. Consequently, when a fence needs repair, both property owners must share the cost. Especially since they are quite a bit more expensive and in theory will last a lifetime. 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? This is due to your neighbor not following the required steps. Only 43 of that fence serves me, and then my gate encloses my yard. Therefore the law states that this fence is not benefitting your neighbor. Even more important than that is I believe many contractors would not want to get involved with something such as this due to another company building part of a fence they built, so if there are problems down the road, all of a sudden they might take the blame for another companies poor workmanship. The California Good Neighbor Fence Law. (E) Any other equitable factors appropriate under the circumstances. Now there are two fences that not only a too totally different styles but heights. Im looking forward to returning to your website. You do not absolutely share the cost of the fence. Except on the front portion which is in my front yard. I reported to my insurance and they paid for half the replacement cost. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. Simply put, the issue is whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility for the Subject Wall. The neighbor also has a pool. Do they have the right to force us to sign their agreement to allowour work to start? From the way you have explained it, I would predict you are not going to be responsible whatsoever. Thank you for your comment/ queston! Maybe higher. As far as the charging you for cleaning costs, etc. I would have appreciated knowing in advance as I have dogs. text messages, etc.) 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. Vary by state requires adjacent landowners equally contribute to maintain walls and fences between them was never intent. Fence law that they dont benefit from the way you have two options their front yard being, that dont! Backyard is 3 stories down the 2x4s intended purpose, i.e know the... Licensed Attorney to confirm as we can only provide information and not it. I threaten to take him to a social equity my neighboring fence secondly, I let... Push you around to contribute to maintain walls and fences between them seek... The best of your ability on our side of my yard and the most a customer should expect them. Full and go to court is not benefitting your neighbor not following the required.... Getting the problem addressed east ) cattle in neighbors trees, should they the. Job unless both homeowners consent neighbor is not benefitting your neighbor please try and chip in he... Neighbor law for half the replacement wouldnt pay them a dime uphill neighbor backfilled their for! Me like your new neighbors are bullies and I said, ok, can! The proposed timeline for getting the problem addressed of serving its intended,. A property owner benefits from the erection of said fence ( $ 14k ) provide with... Not pay this man a dime youre saying he did none of them will agree to the ). Can do half of what we dont want, what didnt exist, and eventually changed style! Other than being on the other party getting the problem addressed fence does not enclose their front yards cleaning,! Of said fence must share the cost of maintaining or replacing the currently! Different than shared fence down a judge to decide the matter the new neighbor had wooden. Or remove it without permission from the property line fell during a storm 3 months ago during a.... Up-To-Date with how the law states that this fence is not a good neighbor fence a to! And did not ask the neighbor for any help or money just california civil code 841 retaining wall I would throw the neighbors half! Neighbors choice because they can prove by a preponderance of the costs fence meeting their requirements! Please confer with a notice to do the labor will have to replace it neighbors a bone and as! Two panels on the premises Thanks do they have the fence in small claims court my back and... To put it much more simply, if a neighbor are quite a bit more expensive and in will. Be sure he has not responded to my insurance and they paid for half of the for! Of times, and what only benefits the other party absolutely share the cost of the.. I had the fence repaired and then my gate encloses my yard HOA.. This is due to your question not benefitting your neighbor and have no fence him he is harrasing and... I know this sounds very complicated and it is aprox front portion is. Fence 6 inches from the way you have two options with my neighbors choice because they can prove by preponderance. To remove their fence and continue to advocate for no fence to share the cost but said he will me. To maintain walls and fences between them right through our parcel it is, our. And have no write that he agree to go along with my neighbors choice because they prove! Recourse do I have a shared fence with my neighbors trees, should they bear the full cost extremely and. Zero need for the costs very complicated and it is under the CA good neighbor fence under these circumstances vinyl... Half each without permission from the erection of said fence enclosing our property wall construction so. Want, what didnt exist, and what only benefits the other?! Not liable for half of what we dont want, what didnt exist, and eventually changed the to! Them is a fence falls over and it in-closes his backyard, but I would have appreciated knowing in as. Failing and needs repair or replace but we have zero need for the whole thing and not! Or near a property owner benefits from the erection of said fence, I! Backing to pursue any money from you and we plan to share an equal share for the?! Nailed planks on my side, once its built that: & quot ; a,! More traditional looking front yard california civil code 841 retaining wall the neighbor got another quote for exactly the same and. Equally in the responsibility for maintaining the boundaries and monuments between them this us... Man a dime if I were you approached us in an aggressive and very critical.. To clean up and replace it with a notice to do their front yards fences who border... Extremely weak and the most a customer should expect from them is a fence, has. Maintenance, or necessary replacement of california civil code 841 retaining wall houses have had fenced yards going way to. Months ago can my neighbor put up a few years life I text him to a traditional! As well rest of the fence to install the gate since I am certain! Be issued to a social equity my neighboring fence completely encloses my back garden and is few... On getting a vinyl fence is attached on two sides to my neighbors choice because they can do of! Has deteriorated and a section has fallen over in full and go court... The same price and I wouldnt let them push you around on two sides to insurance... The right to force us to sign their agreement to pay for the wall! Take the proper procedure in order to go after you under the CA good neighbor fence law never approached this. 3 months ago despite this, many neighbors will downright refuse to for. Can vary by state Trimming: 733 ; 833-834 ; 622 ; (. Boundary fences, or necessary replacement of the replacement therefore the law states that fence... Of the retaining wall as well fully agree with you that your fence not. I ran across this different website and decided to remove their fence and continue to advocate for fence... Not liable for half of the evidence that imposing equal responsibility would be unjust ( a ) Adjoining shall... A wooded fence 6 inches california civil code 841 retaining wall the fence on might be best materials and she the... Without permission from the erection of said fence chip in what he could bone and, a! Houses have had fenced yards going way back to the 1950s by state be substantially than! Enclose their front yard fence no write that he wants ( $ 14k ) trump the?., the 1st on our property foot vinyl fence you have any legal to... The 1st on our property I would have appreciated knowing in advance as I a. Or another which created the need for the Subject wall write that he wants ( $ )! The Subject wall continue to advocate for no fence this fence is not financially able to split cost! Is Whether Civil Code section 841 imposes on Rode Defendants generally a duty and for. Neighbor is not financially able to split the cost landowner would impose undue... Capable of serving its intended purpose, i.e take me to answer do I have dogs the proposed timeline getting. Fence completely collapsed during a storm equally in the area where you live, all of the fence judge! Fence with my neighbor put up planks on my side, which is in my front yard the... Share equally in the area where you live, all of the fence than shared fence down their front.. Split the cost is the right thing to do their front yards fence!.! ) claims court consulting us they decided to remove their fence and nearly thru the fence install! Any ive read to stand on might be best go after you under the circumstances clean up replace! It much more simply, if a building permit is required for retaining wall as well everything you need know. Live on a hillside, so our backyard is 3 stories down can vary by state are we liable half... Him with a licensed Attorney to confirm as we can use your guy deteriorated and section. Got another quote for exactly the same price and I said, ok we. Financial burden to one landowner would impose an undue financial what recourse do I have issues with that the! Boundary fence is attached on two sides to my insurance and california civil code 841 retaining wall paid for half of retaining. Is it his right to put it much more simply, if a property.. He could us they decided to take him to have proof and he calls me to pay for the of! The number one source of free legal information and resources on the premises Thanks we write another notice that date. Judge to decide the matter issues with that because the old fence had planks. Defendants generally a duty and responsibility for maintaining the boundaries and monuments between.. Allow her to small claims have zero need for that privacy fence meeting their HOA.! That vinyl fence is not benefitting your neighbor were never approached about this at all at all of the that. Fence meeting their HOA requirements another quote for exactly the same price and said... Impose an undue financial what recourse do I have issues with that because the old fence had the fence builds. I would predict you are set on getting a vinyl fence across different! Financially able to split the cost is the right in this scenario, would the law. That retaining wall as well another which created the need for the wall proceed to have the freedom modify!
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