retaining wall responsibility californiamaria yepes mos def

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. I am not certain if I have any legal obligation to do anything here. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. Never gave us the opportunity to make a selection that matched our existing fence. The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. He said that would be nice, as most people do not do that. upper soil grade). The common law and statute doesn't allow a downhill property from removing lateral support without replacing it. I have a 5 acre property with no HOA or perimiter fence requirements. I live on a hill and a fence that is about 30 years old exists between my neighbor and me. I am a little confused as to your question. My husband nailed planks on the fence to cover the 2x4s. Everything you need to know about the California Good Neighbor Fence Law! However, it was brought to my attention that the retaining wall the fence is on is failing and will need to be replaced before the fence can go up. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. } Can we keep the planks and not remove it? Neighbor and I share a panel/lattice on top fence for most of our shared fencing. 1.3.2 Retaining Walls 2 1.4 SCOPE OF THE GUIDELINES 5 1.4.1 Retaining Walls Covered In These Guidelines 5 1.4.2 Retaining Walls Not Covered In These Guidelines 6 1.5 APPLICABILITY OF THE GUIDELINES 6 1.6 ACKNOWLEDGEMENTS 6 2.0 ROLES AND RESPONSIBILITIES 7 2.1 COMMON FORMS OF PROJECT ORGANIZATION 7 2.2 RESPONSIBILITIES 7 2.2.1 Owner 7 If you have any questions or want an estimate dont hesitate to contact us. ( 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. 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. Engineering calculations and associated data; Soils report (if applicable) For detailed plot plan requirements see Building Permit Requirements. My partner and I ran across this different website and decided to take a look around. Allan Block, Earth stone, Keystone, etc.) Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. As far as tearing down part of his fence. As the wall is next to a footpath lying within the adjoining owners land, ownership of the wall to establish who is liable for the cost of repairs has become an issue. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. A typical cantilever reinforced masonry (or concrete) retaining wall will utilize a footing with a thickness of at least 12 inches. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. The lagging effectively resists the load of the retained soil and transfers it to the piles. Thanks for any input. Paying in full and go to court is not a good resolution to this situation. We saved all receipts from the hardware store. 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. The fence is leaning and needs to be replaced. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! What fees must I pay? 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. Who is Legally Responsible for a Retaining Wall - ExpertLaw Once you get three estimates from reputable companies, present them to her, then decide on a fence contractor, and send your neighbor the 30-day notice. 2016 Family Owned and Operated Get a FREE Estimate! Retaining wall law | Legal Advice - LawGuru 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! The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. Its an aesthetic preference that she wants a brand new fence. 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. He agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. Our left siding wall base are dropped to the two neighbors very end of their backyard. 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. Code in most cities is as follows: retaining wall can't be on the property line because the neighbor who is at the lower elevation owns the wall and has to have enough room at the top for proper drain lines. Include good color pictures. There is a fence that runs right through our parcel it is aprox. We had no say in the decorative fence. Our properties backup to a small slope. The term good neighbor just refers to the style of the fence. Practical Uses & Property Aesthetics Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. Gerald Hershenson Esq. I am a single mother, this is my 1st home and I just cant afford $3500. While I understand the question is a general legal question and the contractor area of expertise does not matter, I would still feel more comfortable directing you to a knowledgeable attorney in your area! The amount to pay is not a small amount and it can take a long time to collect. 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. PDF IR 16-3: EARTH RETAINING SYSTEMS WITH PRECAST CONCRETE OR - California I share a fence that is 75 long with a neighbor. I text him to have proof and he calls me to answer do I have no write that he agree to go half. It leaves me in this terrible circle. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. Whos responsible? Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? Therefore the law states that this fence is not benefitting your neighbor. RETAINING WALL DESIGN - egbc.ca The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. 3 quotes Sloping retained soil Engineering Professional(s) Professional engineers and licensees who are registered or licensed by the . Part of the fence is now leaning into the neighbors property. 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. What was the outcome regarding the neighbors trees/vegetation ruining your fence? In New South Wales, it is illegal to construct a retaining wall over 600mm high from the ground. Still proceed to have the fence repaired and then take her to small claims? I want to get this done the sooner the better and he has not giving me a response since December 2020. This is the height referred to in UBC 106.2, item 5 and it includes the wall and depth of footing below grade. Also, the fence was still in decent shape and we hadnt planned on replacing soon. It seems we can not agree. I hope I am understanding your question here correctly?? Particularly the location of the wall relative to the boundary. Michael, thanks for the question. I built my house many years ago. He set the first two panels on the slope with good side facing him. What i am doing after reading your sites info: Flooding, surface runoff, and even leaking sprinklers can spark disputes between neighbors. Detail(s) showing complete construction details of the retaining wall. 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. 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. Simple as that. 12. and municipalities are committed to developing vibrant urban forests. As I just stated I would be very hesitant to allow her to build the fence for two reasons. If you have any further questions regarding Californias Good Neighbor Fence Law call RC Fences today and we can walk you step by step through the entire process to make sure you dont make any mistakes and risk having to pay the entire cost of your new beautiful fence! 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. 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! If the retaining wall was a structural requirement of the lot grading . Deferred approvals will not be permitted. Examples of surcharges are: 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). A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. It gets a little complicated when it comes to retaining walls. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. Usually in small claims if it is under the max amount in your state (usually around 10-15k). Construction details, including retaining wall cross section. Lateral resistance of each pile: and edge of footing is 1'-6". Only one of them communicated this to us. margin-left: 0; I have a fence that is in need of replacement. My neighbor agreed to pay half the cost of putting in a new fence. I have offered to help with the labor and split the cost 50/50. He asked us to help pay for the leaning retaining wall between our properties. They did not inform us and did ask for us to help pay for the fence. Who is Legally Responsible for a Retaining Wall My question involves real estate located in the State of: CA (unincorporated Alameda County) I am the uphill homeowner, my neighbor is the downhill owner. What should I do? What if the adjacent property is an apartment complex? Does this mean both neighbors are responsible for the cost of the retaining wall as well? 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. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. 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. Retaining wall responsibility - Legal Answers - Avvo I don't agree with Mr. Olden. I mentioned it to my neighbor and he does not see anything wrong with the two fences. All wood retaining walls shall be constructed entirely of treated wood and conform to standard drawing LS-43. Thank you for your article. 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. against one of my trees. It only benefits them. 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. But we do not like the look of vinyl fence. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. 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. Call Now (925) 405-7658[email protected] RC Fences and Decks Est. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! 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. Their fence does nothing to secure my property. Do you need a French drain on your property? A civil or structural engineer should design any walls that rise more than 1 m high. I wish I could help you, if you live around the Concord, CA. If he asks, and you dont want to pay for any of the fence I would just repeat what I have said here, and that should be the end of it! The 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. Fine. My question involves real estate located in the State of: California. 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. There is a rebuttable presumption that can be overcome. In other words, it is no longer capable of serving its intended purpose, i.e. walls and retaining walls supporting more than 6 feet (1.83 m) of backfill height due to design earthquake ground motions Due to the variability in soil properties throughout the County of Los Angeles, the design professional must take care in his or her analysis of basement and site retaining walls. Dividing Fences and Retaining Walls - Master Builders WA 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. This was attached to the existing sideyard fence that was part of the developments construction. : 2022121 california civil code 841 retaining wall 2022121 california civil code 841 retaining wall You do not absolutely share the cost of the fence. Our neighbor just built a fence on the property line without any discussion with us that separates our 2 lower side yards, so we now have no access to the area under our side stairs. Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? "At the basic level, a retaining wall is a structure that holds or retains . Can I do half of the fence and they can do half of the fence? If replacement is needed because of improperly planted bamboo and neglected maintenance of plants causing encroached on our property line and has warped and beoke pickets, posts and rails, is cost still split? Please let everyone know if you have any ideas as to another route to take. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. You bring up replacement due to aesthetics and upgrading a fence? Now the neighbor wants the planks that my husband nailed to be removed. Do not do so! Detail(s) are to be wet stamped and signed by a California registered civil or structural engineer. What can I do Im being harassed. Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesnt need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I dont have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). 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. It is not something that NEEDS to be done. There hasnt been any communication at all from my neighbor The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. Since the water is now drawing towards my side of the property. It is very good you havent paid anything for it yet. He was not nice when I went out to talk to him about it. No fences. I hope this answers your question somewhat good luck with your neighbor! I gave them 15 days to accomplish this and also gave my phone number. 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). text-align: center; 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. The Definitive Guide to Tree Disputes in California Our situation is somewhat different then what I have yet read. We deal solely with fences and decks and not siding, etc. To check your legal obligations and responsibility regarding retaining walls, you should contact the Building Department at your local council office. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . 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. Hi Annie, thanks for the great question! We were gone for a free days, and the contractor had a job cancel, so he asked if he could come early and remove the fence. A new fence is going up tomorrow. Who is responsible if a retaining wall on or near property lines - Avvo I think she should pay half. Well, its simpler than that. 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! Two questions: The last thing you want is to be fined by city inspectors because you were found to be in violation of building codes. Another goal of this note is to provide policy recommendations for the future development of tree law in California. We are buying land. My relationship with this neighbor is not good. Any thoughts not input would be greatly appreciated. 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). Who's legal responsibility is the retaining wall?(Los Angeles, CA) - Reddit The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. 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. There are three main definitions: Occupancy: use of the land up to the fence Neighbor does not want half he wants full amount. 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. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. Typically constructed of reinforced concrete masonry units or reinforced concrete stem wall supported on a reinforced concrete footing. Both property owners own the fence erected between the property lines when both use it. The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. Some retaining walls are structurally necessary, others are purely for looks. lower soil grade) to the finish grade at the top of the wall (i.e. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! What is hus responsibility and should I bear any ? Reduce to suit the length of footing. } I bought my house last year and my neighbors decide to redo their fence . (510) 547-2457 I would definitely go ahead with the notice to alter shared boundary as soon as possible giving the neighbor as much time as possible before construction commences. I bought a newly built home in 2000. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? The only issue is now you must collect the amount ordered to be paid to you. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. The good news, you have absolutely nothing to worry about. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. He has not responded to my texts since May as to when he will replace the fence. Subscribe to our mailing list to get news and discounts. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. There better be good reasons other than make my yard look better. Therefore he would have had proof that you received a notice and chose to ignore it. this information even though informative it only benefit the contractor. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? He offered to remove our old wooden fence for $600.00. Do I have to pay for this to be fixed? The rest of the fence between our backyards is fine. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. 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. First off, please whatever you do, do not pay this man a dime. 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. 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! Then he said he would come up and build the fence and also move my gate for which I would pay him for and 1/2 the neighbor fence. ( Remember, we were never approached about this at all. He was not able to remove our fence othe next day, but was able, last minute to come three days later when we were out of town for the day. This year the fence is leaning towards our house and part of the fence is on the ground, my wife got 3 bids and has contacted a contractor to build a new fence she sent a letter to the gentleman to tell him we are going to replace the fence and He sent us an e mail and I quote as for sending me a bill for my portion of the fence, since I personaly did not agree to participate in the replacement there for I will not pay anything. My gate is set back from the street more than my neighbors. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). Failure of your wall could lead to landslides or other unfortunate occurrences. Pr nC-sesooi AgGrnoeDv-2Wdl -d i enuf# R-sngei l i eti aal - egbc.ca Joel I wish I could be of more help but this is a question outside my area of knowledge. Lagging consisting of wood, steel or precast concrete panels is inserted behind the front pile flanges as the excavation proceeds. Labor costs for . The second reason was the. Do owners of homes with pools fall under a different set of rules. I suggest that you not continue the repair until it is determined who is responsible. She has to get three separate estimates and then you two can agree as to which company to go with. (on their property) We were never asked to pay for any of it. 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. Eventually, we could no longer see the fence from our side. Minimum Requirements for Retaining Wall/Level Backfill | Development The cost of rebuilding a retaining wall on appellants' property cannot be held to be equivalent to the cost of restoring respondent's property to its original condition by mere speculation and without some evidence, and the finding of damages is therefore not supported by the evidence. I am very concerned the wall could fall. Ninety-five percent of Californians live in urban areas. 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. 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. My neighbour wants a retaining wall. Who has to pay? 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. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. My neighboring fence completely collapsed during a storm. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. Today I go into my yard to find our shared fence down! 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. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. If the project requires consultation with a structural engineer, hourly charges range from $100 to $200 per hour. Regardless of the permit requirements, it is important to follow the manufacturers recommendations for each block type since the allowable wall heights vary significantly for each block type. Except on the front portion which is in my front yard. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. PDF CALIFORNIA RETAINING WALL TYPE 5SWBP-DETAILS No. 1 Never consulted us. Then his brother who lives in the house said he would do it and never provided quotes. Make a demand to the neighbor for half of the costs. My neighbor replaced our old Good neighbor fence. 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! It clashed with the style of our house. If we cannot agree, can we each build our own choice of fence? The sides of our yard are 6 white vinyl. I had the fence erected entirely on my property. Any tips on how to proceed? Hes going forward with it and we will get the framed side. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). Surcharge is a vertical load imposed on the retained soil that may impose a lateral force in addition to the lateral earth pressure of the retained soil. You might want to contact legal counsel to review this matter. Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. Then let him know you would be willing to cover 100% of the costs as long as he is willing to switch to a vinyl fence. then more than likely a judge is going to side with you. Retaining Walls Los Angeles | LA Structural

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