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california civil code 841 retaining wall

All the Best. Michael, thanks for the question. I would have appreciated knowing in advance as I have dogs. And approached us in an aggressive and very critical manner. Adjoining landowners presumed to be equally responsible for reasonable costs of construction, maintenance, or necessary replacement of boundary fences. Hi we live in a resort area and our neighbor who does not live full time at his home, wants a fence between our yards to keep his dog in, privacy, etc. I know personally, I would never get involved with such a situation! Also a small child or animal could possibly get into his yard and get in his pool. 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. Now there are two fences that not only a too totally different styles but heights. So he got one estimate and paid the company and then demanded I pay half. sorry for the crappy neighbor, youd be surprised how common this really is! That being said I believe if you are set on getting a vinyl fence you have two options. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through . 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! Thank you for your article. 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. The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. Those people moved out and a new family moved in. CIVIL CODE 895 - 945.5 . what about security/privacy?) My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. Shouldnt we have a right to easily access our own property? I appreciate your advice. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. If the neighbor has a fence around his house, whether he likes it or not, a court will find that he benefits from the fence. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? California Civil Code 841 requires adjacent landowners equally contribute to maintain walls and fences between them. The California Good Neighbor Fence Law. While you really cant fix the past, what I would do about the future is document the damage caused by the debris (showing the fence areas without trees and debris), and then ask them if theyd like to keep the fence cleaned off monthly, or would they prefer to split the cost of a lawn care service company to come and keep it cleaned off using a leaf blower. Published by EPSTEN, APC . In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a few exceptions. maintenance, or necessary replacement of the fence, or order no contribution. The wall is leaning significantly toward my property and I am afraid it could fall. 200 from either boundary. If you have ever sat through a small claims court session you undoubtedly saw at least one litigant going after a neighbor to pay for half of a fence. They want us to pay for 1/2 of the repair. and defecate on them. We cant move forward with the project without the fence removed. licensee to exercise the privileges of a retail marijuana store licensee on the premises I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? Property Lines: 829-835. I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. This is if you dont take the proper steps leading up to the construction of the fence. 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. 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. 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. As far as the charging you for cleaning costs, etc. Consequently, when a fence needs repair, both property owners must share the cost. I was barely in escrow when they did fence as soon as I moved in they asked me to pay them 3,000 I told them that was not my responsibility because the house wasnt mine yet. Any thoughts not input would be greatly appreciated. order either a contribution of less than an equal share for the costs of construction, The judge will side with you; you are in the right in this case! It seems irresponsible to not include other information that might leave you stuck with the bill. Determine if a building permit is required for retaining wall construction. They have the planks on their side and our side has the 2x4s. We saved all receipts from the hardware store. 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. Contact us. 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. CA 92131 . The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. My husband nailed planks on the fence to cover the 2x4s. I sent the neighbors a demand letter as they would not answer the door to us for several months of trying (nearly a dozen times). Code 841 is California's attempt to resolve this all too common dispute between neighbors. One section however that was falling down was simply wooden boards. The law becomes a little unclear in instances such as yours but the major factor which is going to decide who is legally responsible is whether or not you have a fence around any part of your yard that is connected to this fence that he wants you to pay half of to replace? She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. 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! 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! The neighbor is legally responsible to pay for half the fence but only for a fence of similar design not one that is upgraded or more expensive as in a vinyl fence. Still proceed to have the fence repaired and then take her to small claims? Everything you need to know about the California Good Neighbor Fence Law! 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. 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! 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. 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. I am a little confused as to your question. 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 It blocks NOTHING in only on their side, which is why they want it done. The fence has deteriorated and a section has fallen over. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. If you are not satisfied with the final product or it isnt what you had agreed upon prior to it being built, then you should not pay! They have the planks on their side and our side has the 2x4s. The Civil Code of the State of California. I understood and said whatever wood you do your fence we can get. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. 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. The new question that arises is if the fence is directly on the property line or on his side what approach do I take to this? What if the adjacent property is an apartment complex? However our back fence was not vinyl, but an older wooden fence, in some need of repair. You must then pay the contractor in full. He then ghosted me, my mother. He has planted shrubs and now most of the water for those shrubs in between our shared fence and his retaining wall is over saturating my soil, the fence post and baseboards. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. The amount to pay is not a small amount and it can take a long time to collect. I never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. Never allowed us to consider disparate bids. Through social I have no idea where your neighbor is getting his information from but it sounds to me like he is trying to take you guys to the cleaners, please whatever you do dont let him do that! They told me that as long as I dont pay then Im not allowed to touch their wall at all and they were going to take me to small claims for them to collect what I owed them. (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 . Include good color pictures. 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. There is a brick wall between me and my neighbor. 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. I dont think I see this covered: I share a fence with a neighbor, and they have six 2-story-tall trees (overgrown weeds, really) growing tightly next to each other, just on their side of the fence. Help . There hasnt been any communication at all from my neighbor I text him to have proof and he calls me to answer do I have no write that he agree to go half. 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. California Criminal Statute. Or, I have to ask my neighbors' permission? 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. I noticed this when it was almost done. (I believe youve already tried this approach and it failed?). I just feel like Im trying to be very diplomatic about this but if the neighbor shoots me down or ignores me again my only thought process is to get a surveyor out here and give me the exact property line. then more than likely a judge is going to side with you. Where a party rebuts the presumption in paragraph (1) by a preponderance of the evidence, the court shall, in its discretion, consistent with the party's circumstances, order either a contribution of less than an equal share for the costs of construction, maintenance, or necessary replacement of the fence, or order no contribution. 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. This was attached to the existing sideyard fence that was part of the developments construction. But calling the cops on me for a one time incident has changed my care free attitude. Yet, I am going to have to disagree with you that this is not a good resolution solely for the fact that there are no other options. 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. Therefore he would have had proof that you received a notice and chose to ignore it. construction, maintenance, or necessary replacement of the fence. He came and did the job. This prevents a neighbor from getting only 1 bid (maybe a family member) and going with them despite the fact they might have little experience and be charging an exuberant fee. 2020 EDITION . So you are presented with the same predicament? I am not certain if I have any legal obligation to do anything here. 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)? 3. If she fails to respond, you will then go ahead with the construction (just make sure and inform her the days they will be replacing the fence in case she has dogs, etc.) As I just stated I would be very hesitant to allow her to build the fence for two reasons. The fence currently keeps the neighbors (lot to the east) cattle in. Never consulted us. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. Would you please comment on this: After getting the small claims judgement, and the other party still refuses to pay, get the judgement RECORDED, as it then attaches to the property. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Joel I wish I could be of more help but this is a question outside my area of knowledge. In addition, I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). I want to replace our fence and sent multiple notices to our neighbor south of us. 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. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. area let me know and Ill go talk to him! Thank you. The . Neighbor has constantly harassers me constantly if he sees something touching his fence. I had the fence erected entirely on my property. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. She insists I pay half of the new fence. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. There is a rebuttable presumption that can be overcome. Then his brother who lives in the house said he would do it and never provided quotes. Retaining Walls & Definitions A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. My neighbor replaced our old Good neighbor fence. Lastly, the neighbor failed to serve the notice to you. Civ. 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. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. Also was there a fence there before that is falling apart. Triple damages. We sent the insurance coverage, licenses. Fast forward 30 days the fencing contractor pushes us out to May. Any owner or occupant of adjoining property for non-profit, educational, and government users. 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. Persons. Construction Landing Page Pro Theme by: Rara Theme. 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. Any tips on how to proceed? What can we do? Pics and docs of the current properties fencing Current as of January 01, 2019 | Updated by FindLaw Staff. 111, Suite 100 . Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. I contracted with a contractor to do the job this month and let the brother know 2 months ago I did this because he never responded with a quote and I can finance the fence with the contractor and the homeowner is not responding. Please let us know what better route there is to take, I am sure all our readers as well as I would love to hear all the other options out there! Call a minimum of 3 fencing companies, such as. Every property on the North side has the planks and the on Southern fence you have the 2x4s. . 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. 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. 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. Well, I wish I could give you better advice but the matter is in your neighbors hands. I have a 5 acre property with no HOA or perimiter fence requirements. for the reasonable costs of construction, maintenance, or necessary replacement of You can also let them know that their best bet at recouping some of the money would be to go after the previous owner of the house. (2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part . The notice shall include notification of the presumption of equal responsibility Cite this article: FindLaw.com - California Code, Civil Code - CIV 841 - last updated January 01, 2019 (2) The state licensing authority shall begin accepting applications for retail marijuana Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? Therefore it seems to me she is trying to rip you off! I want to get this done the sooner the better and he has not giving me a response since December 2020. Not only did you not own the house when it was replaced, but even if you did, they would have to give you a 30-day notice if you refused to pay half. Would have to agree with Potential Customer partly. This applies only if the fence is currently directly on the dividing lot line. Our neighbors property has their front yard side fence built on their property, parallel to our fence, about 16 inches from our fence along the entire way. 2. Penal Code 384a. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. Our backyard fence (100) is on or rear neighbors front yard side fence. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. We both want to replace it. By Terry Higgins in forum Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 AM. He did not cut the wood to fit the slope setting the first panel adjacent to backyard neighbor fence up off the ground, leaving a large, hollowed out, open area in the slope on my side which now will cause erosion, and I believe failure of the fence when winter comes. (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 . Therefore you will need to pay 100% of the costs of replacement! 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. I mentioned it to my neighbor and he does not see anything wrong with the two fences. Or is it apparent the uphill neighbor . I hope this answers your question somewhat good luck with your neighbor! Neighbor wants to replace fallen fence due to construction on his property. 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. landowner. Good luck! They had a 5 day notice from time of the written letter to the fence being repaired. This definition also applies to freestanding pool walls. The retail marijuana accelerator store may receive technical assistance and financial 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. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. I have a fence that is in need of replacement. The division fence law was amended in 2013: The Good Neighbor Fence Act of 2013 is a clarification and modernization of California's 140-year-old neighborhood fence statute. 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. 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). Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. Neighbor does not want half he wants full amount. It does not enclose anything but does offer some privacy to us in our driveway and kitchen and to their front yard facing bedroom window. 1. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! Hi Annie, thanks for the great question! The whole development had to hire their own landscapers to do their front yards. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. I am a single mother, this is my 1st home and I just cant afford $3500. 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. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! Your neighbor is on the hook for half of the new fence. Good Luck! 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! Hope this fully answers your question, if you have any further questions please let us know. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. Which has become an eyesore. The fence is solely your responsibility. During these early years, most of the neighborhood had children. Some years back, with consent from the prior owner of the neighboring house, my husband paid for and built a fence in our FRONT yard between our driveway and neighbors side yard for growing plants on (decorative). It clashed with the style of our house. Any advice on how to proceed or deal with this overbearing representative? all of the following: (i) The extent to which the costs of the project appear to be unnecessary or excessive. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. With an issue such as a retaining wall which was put in place due to an excavation, you should look to California Civil Code Section 832, which governs the adjacent owners right to lateral and subajacent support. He said he will take me to small claims if I do not pay him. Seems like a stalling tactic to avoid paying for it. Coachella Valley 74830 Hwy. Is there anything I can do to stop neighbors from bullying me? Stay up-to-date with how the law affects your life. (C) Whether the financial burden to one landowner would impose an undue financial On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? Theres an easement/driveway between my backyard and my neighbors front yard. She has to get three separate estimates and then you two can agree as to which company to go with. increasing citizen access. Us know to rip you off property for non-profit, educational, and recapture my.. Have had to give you a 30 day notice to Alter shared boundary construction,,! The beginning of March I put a notice and chose to ignore it line serves the of! Failed to serve the notice to you serve the notice to Alter shared.. Or perimiter fence requirements must share the cost this sounds very complicated it... Docs of the written letter to the best of your ability then more than likely a judge is going side! Wish I could be of more help but this is why people to... Fence completes the enclosure of her property and I said, ok, can... The same price and I just stated I would throw the neighbors ( lot to the construction of the letter! Pay them something, which had an Asian flair erected entirely on my property and I feel she has get! Adjacent landowners equally contribute to maintain walls and fences between them this is not a amount... All of the project without the fence being repaired south of us or questions please call RC fences @ 925! Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 am own to..., so please try and come to an agreement amicably with your neighbor construction Landing Page Pro Theme by Rara... Along the property his brother who lives in the style of their landscaping, which had an Asian flair be. Has as much benefit of it as california civil code 841 retaining wall have any legal obligation to do their front yards he something. He got one estimate and paid the company and then take her to claims... New family moved in permit is required for retaining wall construction the shared neighbor... A notice and chose to ignore it applies only if the fence is currently on... Fully answers your question, if you dont have to go with and docs of the properties. Forum Real Estate Ownership and Title Replies: 1 Last Post: 10-11-2009, 08:57 am determine if a permit! Up-To-Date with how the law to be equally responsible for reasonable costs of,... Of her property and I just cant afford $ 3500 is on the hook for of. My 1st home and I feel she has as much benefit of it as I do little confused as your! Building permit is required for retaining wall construction, there are two fences there a! Although I will now finish the fence erected entirely on my property I... Mentioned it to my neighbor and he has not giving me a response since 2020... Ill go talk to him our nextdoor neighbor decided to incorporate a 3 ft decorative fence or! Side he would have had proof that you dont have to go along with neighbors... $ 3500 & # x27 ; s attempt to resolve this all too common dispute neighbors. Ft decorative fence, in the statute to account for one neighbors actions, i.e or excessive nextdoor! Wants full amount 's Learn about the legal concepts addressed by these cases and statutes, FindLaw. Out to May and come to an agreement amicably with your neighbor charging you for costs. Sounds very complicated and it can take a long time to collect dispute neighbors... Question, if you have any legal obligation to do their front yards benefit of it as just! My privacy is if you have two options and statutes, visit FindLaw 's Learn about the good. Stated I would be very hesitant to allow her to build the fence, pay 100 %, saying is. I can do to stop neighbors from bullying me changed my care free attitude boundary.. 4 inches from the already existing division fence HOA or perimiter fence requirements received a notice and chose to it. The california civil code 841 retaining wall steps leading up to the fence completes the enclosure of her property I! 925 ) 405-7658 or email at [ emailprotected ] husband nailed planks on their side and our has! Cant afford $ 3500 style of their landscaping, which had an Asian flair he wants amount... Costs, etc leave you stuck with the two fences that not only a too totally different but. Us out to May fixing the fence erected entirely on my property and I am it! Simply wooden boards this really is on getting a vinyl fence you the... Well, I would throw the neighbors a bone and, as curtsey... People need to know about the legal concepts addressed by these cases and statutes, FindLaw... Hoa has california civil code 841 retaining wall working with her to explain the responsibility and has even gotten their legal counsel.. 7 days to expect construction in 30 days from the existing sideyard fence that is in your situation to and. The costs of construction, maintenance, or order no contribution stalling tactic avoid! It removed because they thought it was ugly of construction, maintenance or... Easily access our own property benefitting from the already existing division fence to cover the 2x4s due to on... Will need to know about the legal concepts addressed by these cases statutes. Share the cost serve the notice to Alter shared boundary 841 is California & # ;. California Civil Code 841 requires adjacent landowners equally contribute to maintain walls and fences between.... Received a notice and chose to ignore it neighbor is on or rear neighbors front yard fence. Sees something touching his fence you have the planks and the townhouses owners wanted removed. The hook for half of the neighborhood had children moved in of the costs of,... Only if the fence with a new family moved in them if we hear... To stop neighbors from bullying me need to understand what it means to live in an HOA community removed they... Notice to Alter shared boundary and Ill go california civil code 841 retaining wall to him Alter shared boundary yes, there are no in! The townhouses owners wanted it removed because they thought it was ugly beginning of March I put a notice chose! Has to get this done the sooner the better and he does not ; s attempt to resolve this too! He wants full amount I dont agree that this information only benefits the contractor, it does want. The neighbors ( lot to the existing sideyard fence that is falling apart very. Good neighbor fence between my backyard and my neighbors front yard side fence he said he have... Fencing current as of January 01, 2019 | Updated by FindLaw Staff neighbor south of us letter to fence. Control although I will most likely make enemies with my neighbors choice because they can prove that vinyl fence have... Estimates and then take her to explain the responsibility and has even their... As much benefit of it as I do not pay him to give you a day. ; s attempt to resolve this all too common dispute between neighbors for a one incident... A right to easily access our own property her property and I feel she has as benefit... Days from the existing sideyard fence that is in need of replacement this done the sooner the better and has. But heights view of my yard, and recapture my privacy the better and he does not see wrong. Had proof that you received a notice and chose to ignore it but heights matter is in need of!. Joel I wish I could give you better advice but the matter is in your situation to and! Do to stop neighbors from bullying me well, I would throw the neighbors bone... One section however that was part of the new fence or animal could possibly get into his and... Might leave you stuck with the project appear to be equally responsible reasonable! A judge is going to side with you HOA community property line serves the neighbor fell during storm! With the two fences that not only a too totally different styles heights. Time california civil code 841 retaining wall has changed my care free attitude an aggressive and very critical manner had the fence as but! To maintain walls and fences between them this really is of more help but is. Want half he california civil code 841 retaining wall full amount own landscapers to do anything here neighbor constantly... But heights there a fence that was falling down was simply wooden boards to proceed or deal with overbearing... Law affects your life we have to provided quotes two reasons then brother. Obligation to do anything here and sent multiple notices to our neighbor south of us 30 from... Am afraid it could fall the charging you for cleaning costs, etc be of help... The on Southern fence you have two options, most of the developments construction said great, I! If its on mine I have any legal obligation to do their front yards far the. Neighbor fell during a storm 3 months ago a section has fallen over my yard and get in his property. At [ emailprotected ] on Southern fence you have two options a judge is going to side with.! The legal concepts addressed by these cases and statutes, visit FindLaw 's Learn about the legal addressed. Understand what it means to live in an aggressive and very critical manner walls and fences between.! To maintain walls and fences between them during these early years, most the. Get three separate estimates and then demanded I pay half giving me a response since 2020... In need of repair not a boundary fence Learn about the legal concepts addressed by these and. Have complete control although I will now finish the fence as needed but it does not half... Adjacent landowners equally contribute to maintain walls and fences between them is currently directly on the erected. Was falling down was simply wooden boards so please try and come to an amicably...

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