She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. Fine. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. CA Civil Code Section 841. . Remember he Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. Help . Those people moved out and a new family moved in. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. 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. My partner and I ran across this different website and decided to take a look around. order either a contribution of less than an equal share for the costs of construction, Am I still responsible for half? 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. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. Can I still take him to court. All dogs get out. It does not extend the full length of the front yard (only about 15 feet of 45 or so). It was always referred to as their fence, and nobody else could touch it. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . ( However in our mind that project was 2 to 3 years away as we were already spending more on other priority projects) I noticed this work going on on the last day the contractor was finishing up. Our backyard neighbors dont trim their trees (70 feet high) or their shrubs and now a few sections of the fence are leaning in our backyard due to the foliage pushing against and through the fence. Its an aesthetic preference that she wants a brand new fence. We will always provide free access to the current law. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. (on their property) We were never asked to pay for any of it. Civil Code 841.4 governs what has become known as "spite fences" - "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." Even trees and hedges planted in a row to form a . The notice shall include a description of the nature of the problem facing the shared Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. the civil code of the state of california preliminary provisions; definitions and sources of law; effect of the 1872 codes; division 1 - persons [38 - 86] division 2 - property [654 - 1422] division 3 - obligations [1427 - 3273.16] division 4 - general provisions [3274 - 9566] So Im in very different situation from any Ive read. 1. That neighbor has since moved and a new owner bought the house as a rental property. The spiders build their webs on the 2x4s and birds perch on the 2x4s. Thanks! Do we owe anyliability and responsibility to the neighbors? My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. I have a 5 acre property with no HOA or perimiter fence requirements. Here is a short section of the actual law to better explain what I mean by this: Boundary fences sit on the boundary line between two properties. 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. Contact us. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. Anyway, now that I told my story, I want to get your opinion on whether or not I was within my rights (morally and legally), to refuse to pay for a decorative front yard fence that solely compliments his landscape and is not standard in our neighborhood (even though I did end up paying). 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. Legal Help for Real Estate Ownership and Title - Fences and Walls: CALIFORNIA We have a bid from a licensed contractor for $1300 to replace the fence and. Would we lose in small claims court? Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? The Civil Code of the State of California. for the reasonable costs of construction, maintenance, or necessary replacement of By Terry Higgins in forum Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 AM. You must then pay the contractor in full. 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. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. 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. Civ. This morning we came to see that the townhouses HOA just took it upon themselves to remove the back wall so now we no longer have a back fence wall! Also a small child or animal could possibly get into his yard and get in his pool. If this sounds similar to your situation then I believe our article can be very helpful. My property is the second house from a corner, so I have 5 neighbors around my property. Also, the new fence could not be an unnecessary upgrade from the previous fence. I am going to build block wall on the property line. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Coachella Valley 74830 Hwy. Wed be up for taking down the existing fence down and adding new planks to our side of the new fence but arent sure about it since its 4 inches away from the original fence. I am currently dealing with a neighbor that is refusing to fix our shared fence. If he followed these steps then he could go after you in court and would likely win. While repairing is an option sometimes, although we usually do not recommend it, this article is based on the notion that your fence has fully failed, needs replacement immediately, and your neighbor refuses to pay for it. Penal Code 384a. 2020 California Code Civil Code - CIV DIVISION 2 - PROPERTY PART 2 - REAL OR IMMOVABLE PROPERTY TITLE 3 . 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! Im confident if I contracted any work on the wall he would not allow workers on his property. I mentioned it to my neighbor and he does not see anything wrong with the two fences. https://california.public.law/codes/ca_civ_code_section_841. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. What can I do Im being harassed. The fence its in a really bad condition. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. In addition, (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 . The fence falls after he rent it out to another family who as well as me has 3 large dogs. 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. We do not want, or have a need for this new fence. Good Luck! They have the planks on their side and our side has the 2x4s. I have offered to help with the labor and split the cost 50/50. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. One neighbor is not financially able to split the cost but said he would try and chip in what he could. I stated I was not the owner at the time, but I was willing to pay half. 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. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. Civ. She just moved into the neighborhood in December, but the strong winds we had back in January/February left us both with a collapsed fence. It gets a little complicated when it comes to retaining walls. The . Do you know? CA Civ Code. Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. 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. They have the planks on their side and our side has the 2x4s. The fence does not enclose their front yard but is still a neighboring fence. What options do I have? We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. 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. A week later, I came home to find a for sale sign in his lawn. Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. construction, maintenance, or necessary replacement of the fence. Would have to agree with Potential Customer partly. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. Pics and docs of the current properties fencing (a) Adjoining landowners shall share equally in the responsibility for maintaining From the way you have explained it, I would predict you are not going to be responsible whatsoever. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? All the Best. California Criminal Statute. CIV Code 841 - 841. I am sorry I am reading this over and I think I understand your question. We live on a hillside, so our backyard is 3 stories down. Can I do half of the fence and they can do half of the fence? He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. But did not want to go through our contractors. If they bear the cost, its probably not my business; but if we share the cost, is it reasonable for me to ask my neighbor to remove the trees before repairing (or replacing) the fence? FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! 3. 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. I disagree with you fully due to one small issue, what other way can you go about the situation should your fence need to be replaced immediately and your neighbor refuses to pay. And approached us in an aggressive and very critical manner. We asked if we could pay for a gate to be put into the fence at our cost so we could have access to the area. 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? When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. Also, the fence was still in decent shape and we hadnt planned on replacing soon. In this scenario, would the State law trump the city? I just had a fence erected between me and my neighbor. Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. California Civil Code Section 841.4 states: Any 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.