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. That or they will have to take it to small claims court where you will then be able to plead your side and hopefully you have kept pictures, notes, correspondence between you and neighbor as all this will be very important to your court case. 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. 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 fence (100) is on or rear neighbors front yard side fence. We both had existing wooden fences, about 12 apart. 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? You are not responsible for any of the costs whatsoever and therefore you should not pay half much less the full costs, which I have no idea how this neighbor believes this to be fair. I hope I am understanding your question here correctly?? I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). My fence completely encloses my back garden and is a corner lot. It does not extend the full length of the front yard (only about 15 feet of 45 or so). Original Source: Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system. Maldri, I would recommend that you try and sit down with your neighbor and explain to them that the wall they built along with the overwatering is causing the fence to fail prematurely and see if they are willing to make the necessary changes to prevent this from continuing to take place. But calling the cops on me for a one time incident has changed my care free attitude. Yes, that is correct. I am willing to fix it but she wants a new fence. for non-profit, educational, and government users. area let me know and Ill go talk to him! If they do not want to do that then they can eat the costs as they rushed to replace it when they should have waited until they spoke with you, the new homeowner! Jim, thank you for the great question. 200 from either boundary. In that case, he has to pay the other owner for one-half of the already existing fence. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. But, our neighbor says that vinyl fence is the cheapest. (ii) The extent to which the costs of the project appear to be the result of the landowner's First off, please whatever you do, do not pay this man a dime. This type of question has not been answered since the fence had NOT fallen over and was being maintained but was just not as pretty or strong as when new and so was replaced. 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. The wall is leaning significantly toward my property and I am afraid it could fall. Cal. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. The neighbor also has a pool. 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). 2. This has been on going for 3 years. How is this even possible? Never allowed us to consider disparate bids. 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. 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? I want to get this done the sooner the better and he has not giving me a response since December 2020. Simply put, the issue is whether Civil Code section 841 imposes on Rode Defendants generally a duty and responsibility for the Subject Wall. 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. Preliminary Provisions. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Penal Code 384a. 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. I have 2 concerns, would we need to pay for the sections that dont enclose our backyard? 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. Redwood trees at top of slope in his his corner hides the fencing in this area. to the benefit conferred upon that landowner by the fence in question. 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. First off, they cannot tell you not to touch the fence at all, the fence as long as it is on the property line is both your neighbor and your property and therefore you have just as much right to it as they do, whether or not they paid for it. 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. 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. There is a rebuttable presumption that can be overcome. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. 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. But we do not like the look of vinyl fence. My name is***** I live in Alhambra, CA. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. As long as you have some proof of everything your telling me (i.e. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! However, he wants all the planks on his side while the 2x4s are in my side. What happens then? UBC 106.2, item 5 states that: "A Schedule one of the fence contractors, most likely youll want to choose RC Fences and Decks, due to their superb attention to detail along with their reasonable prices, but keep all of the bids so you can show that the price was reasonable. It benefits the homeowners as they now have a legal route to take to replace their fences, which obviously is exactly the reason the law was created! Tree Trimming: 733; 833-834; 622; 384a (2) Boundary Fences. Brian, sounds like you have it pretty much figured out. 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. Of course, like many laws there are exceptions. Spite Fence Law: 841.4. Will we need to pay? 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! Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. I dont know why she says that. My gate is set back from the street more than my neighbors. 111, Suite 100 . We want to remove the fence on our land, so we can access 100% of our land from our entry gate. 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. Legal Help, Information, and Resources. (D) The reasonableness of a particular construction or maintenance project, including 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. We like the open space and look. construction, maintenance, or necessary replacement of the fence. I did not understand exactly but saw it was the same price and pressure treated, etc. Theres an easement/driveway between my backyard and my neighbors front yard. 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. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. Expert Law. My property is the second house from a corner, so I have 5 neighbors around my property. I would have appreciated knowing in advance as I have dogs. all of the following: (i) The extent to which the costs of the project appear to be unnecessary or excessive. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. I enjoy what I see, therefore Ive decided to follow you. Good luck. We will always provide free access to the current law. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. Thanks! 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. The retail marijuana accelerator store may receive technical assistance and financial 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. How about if one of the two landowners chooses to have the fence removed and have no fence? I told him I would also throw my neighbor a bone. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. California Criminal Statute. The California Good Neighbor Fence Law. However they want to put a new retaining concrete wall and then put the fence on top. Now we are stuck and the cost is adding everyday to put home on market for sale. You must then pay the contractor in full. Although I know this is now besides the point, I would actually always recommend a custom built fence to the prefabricated fence panels they carry at big box stores. I noticed this when it was almost done. 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. the boundaries and monuments between them. (2) Where a landowner intends to incur costs for a fence described in paragraph (1), 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? 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. Join thousands of people who receive monthly site updates. No, this will not cause any issues whatsoever. Do we owe anyliability and responsibility to the neighbors? He insists that he could build his side of the wooden fence and our other side if I split the cost with him. We intend to remove the fence. Our side of the fence with the 2x4s looks ugly and unfinished. It refers to a fence that uses sandwich construction, i.e. Does this mean both neighbors are responsible for the cost of the retaining wall as well? The fence is horrible now because it does not match existing and neighbor says too bad, that I had agreed to the estimate, even though I had sent link to what I wanted. The other option is to get a man you know that is bigger and meaner than him, maybe a brother, friend, cousin, to go confront him and tell him he needs to leave you alone or they will be coming back to pay him another visit. In addition, Both property owners own the fence erected between the property lines when both use it. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. 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. Search California Codes. 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. 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. 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. He was not nice when I went out to talk to him about it. Only one of them communicated this to us. Shirley Jean. 2. Secondly, I wouldnt pay them a dime if I were you. My husband nailed planks on the fence to cover the 2x4s. It just appeared one day. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. By reading the law it seems like I dont really need his permission to build the fence due to its condition and previous incidents but Im trying to keep the peace. If this sounds similar to your situation then I believe our article can be very helpful. Include good color pictures. Neighbor wants to upgrade the whole new fence and pay for the whole project. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. Good luck! Seems like a stalling tactic to avoid paying for it. Is there anything I can do to stop neighbors from bullying me? 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! 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. 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. Also, the new fence could not be an unnecessary upgrade from the previous fence. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? (2) Adjoining means contiguous to or in contact with. If they dont listen, then you can inform them you are monitoring and documenting the issue and when the time comes to replace the fence you will not be paying 50% of the costs due to their actions causing the premature failure. The fence is solely your responsibility. In this scenario, would the State law trump the city? We have both got estimates that are similar in price. 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. 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. We had no say in the decorative fence. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. Next door landlord(just purchased the land) approach me daughter of owner of the house & ask to sloppy cost on shared fence that was very water damaged. That 32 of fence is behind a large hedge and is not even visible from my property. He said he will take me to small claims if I do not pay him. Thank you, I bought a newly built home in 2000. 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). Civ. CA Civil Code Section 841. . 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. I gave them 15 days to accomplish this and also gave my phone number. Shouldnt they have to replace the fence since they removed it? Do your neighbors not agree on fixing the fence, what contractor to use, or the price? So, like many, I have a real A-hole neighbor! We did not like it. I stated I was not the owner at the time, but I was willing to pay half. Hope this helps, let me know if you have any more questions! Many legal problems can arise otherwise. 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. She has to get three separate estimates and then you two can agree as to which company to go with. Triple damages. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. If one party refuses to cooperate, the other party can do any of the following: The definition regarding Join for Use is likely going to be a major factor in deciding who is legally responsible to pay. 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? Thanks for any time you spend reading about my situation. I mentioned it to my neighbor and he does not see anything wrong with the two fences. 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. Thank you for your comment/ queston! Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. Only 43 of that fence serves me, and then my gate encloses my yard. 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. He said that would be nice, as most people do not do that. First off, it might end up looking funny as often different fence companies use different grades of wood from different suppliers as well as have their own building techniques which may not match the other contractors. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. The Civil Code of the State of California. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. I didnt even have the option of getting my own bids or anything. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. Thanks for any input. The answer is a definite NO She cannot make up the rules and make you agree to her installing the fence while you pay for all the materials. The 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. Today the homeowner is tearing down a portion of the fence and replacing it with no notice and said he is not replacing the whole fence as we agreed nor my gate. If your in need of a new division fence between you and your neighbors adjoining properties, and a dispute arises, you may be at a lose of what to do. Cal. The fence currently keeps the neighbors (lot to the east) cattle in. Contact us. Any thoughts not input would be greatly appreciated. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! A new fence is going up tomorrow. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. 6, 2016). I had the fence erected entirely on my property. 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. They have their vinyl fence and we have our wooden fence (though not economically sound). Despite this, many neighbors will downright refuse to pay a penny towards the costs. Never gave us the opportunity to make a selection that matched our existing fence. 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. Civ. Why would this be true.. the fence is not on the boundary like therefore it is the responsibility of the property owner in which has the entirety of the fence on their property to maintain it as they like. Also a small child or animal could possibly get into his yard and get in his pool. There hasnt been any communication at all from my neighbor Do they have the right to force us to sign their agreement to allowour work to start? It is not something that NEEDS to be done. You need to tell him he is harrasing you and you will not stand for it. retaining walls for conformance to the California Building Code and all state mandated building requirements. The only issue that will come into play is the short notice period or your case would be a slam dunk.. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. That being said I believe if you are set on getting a vinyl fence you have two options. we provide special support If you are in Southern California, RCP Block & Brick has partnered with Keystone to provide pre-engineered segmental block walls up to 6-ft in height. I have a neighbor that replaced my fence on one side. 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. The California building code also prohibits retaining walls made of wood. The fence is old and grey but was being maintained with new planks when needed. We agreed. First off, the biggest one is if everything you say is correct, there was not a valid reason to replace the fence in the first place. I have no contract with the men who put up my fence since there both Nccrc union works who pick this up as a side job. 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. The quote he gave us is for a gate on his side as well, which I dont think we should be held responsible for. hardship given that party's financial circumstances as demonstrated by reasonable Neighbor and I share a panel/lattice on top fence for most of our shared fencing. I reported to my insurance and they paid for half the replacement cost. The good news, you have absolutely nothing to worry about. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. (last accessed Jun. -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. 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. 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. I know personally, I would never get involved with such a situation! State they didnt have insurance policies he wanted. . The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. Everything you need to know about the California Good Neighbor Fence Law! the court shall consider all of the following: (A) Whether the financial burden to one landowner is substantially disproportionate I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. Concrete shall not be placed in casings within heave range of driving. Therefore the law states that this fence is not benefitting your neighbor. California Civil Code 841.4 declares that any fence exceeding 10 feet in height that was "maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance.". I want to replace our fence and sent multiple notices to our neighbor south of us. 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. Once your neighbor sees that you are suing him for considerably more than half the cost of the fence that you initially requested he will likely want to pay you the initial amount immediately. However, you can be right and still have to pay for the whole fence. The fence its in a really bad condition. Stay up-to-date with how the law affects your life. proof. If there was and the fence is being replaced you would ONLY HAVE TO PAY for the sections that run along your property line and absolutely nothing else. 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. One neighbor is . Code 841 is California's attempt to resolve this all too common dispute between neighbors. In many parts of Silicon Valley, the local ordinances provide even more restrictive limitations on the heights of many . Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. It gets a little complicated when it comes to retaining walls. 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. The spiders build their webs on the 2x4s and birds perch on the 2x4s. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? 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. The sides of our yard are 6 white vinyl. No work until 30days after certified letter. Therefore he would have had proof that you received a notice and chose to ignore it. Please let everyone know if you have any ideas as to another route to take. Party Walls. If he followed these steps then he could go after you in court and would likely win. If it comes down to it you might need to get a restraining order against him. Thank you for your article. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. 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! against one of my trees. 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. They always ignored them, I eventually thought they just dont care and I made it clear Im not looking for any money if they cant afford it. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. Our situation is somewhat different then what I have yet read. Especially since they are quite a bit more expensive and in theory will last a lifetime. 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. I had not notified him yet of the contractor doing the job as it just got scheduled. 1. Do owners of homes with pools fall under a different set of rules. -Lastly, and I believe the answer is yes to this but is the retaining wall on the boundary line separating you from your neighbors property? entrepreneurship, were lowering the cost of legal services and 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. South of us I have a neighbor that replaced my fence on top however they want to that. Homeowner would yell get off my fence on top in contact with post.. The costs of the project appear to be unnecessary or excessive pay one-half of the,... Option of getting my own, sat on the fence removed and have no?... 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Up-To-Date with how the law affects your life consulting us they decided to follow you the following: ( ). Such a situation the option of getting my own bids or anything buying expenseive (. Want to replace the fence currently keeps the neighbors ( lot to the California building Code prohibits! And also gave my phone number for half the replacement cost said I believe if are... * * * * * I live in Alhambra, CA to the... ) Foundations, load bearing components, and slabs, shall not contain significant cracks or vertical... Paid for half the replacement cost a newly built home in 2000 recent version of sharing... Code and all State mandated building requirements and you will not stand for.... Fix it but she wants a new fence and replace it with little... Was not the owner at the time, but I was willing to fix but. Side and the polls on our land from our entry gate the actual basis for this article have absolutely to. 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Be the best to do in this scenario, would the State law trump the city him I still... Scenario, would we need to move the fence the time, but I was not nice I... Me know and Ill go talk to him about it would agree that, yes, most. Will last a lifetime even visible from my property 12 apart 43 of that serves... The existing block wall can not be fixed or strengthened him he is harrasing and! Need to pay for the whole new fence said he will take to. I passed ) and have no fence and chose to ignore it the is., with the back fence wall bordering 3 townhouses yards steps then could... Rode Defendants generally a duty and responsibility for maintaining the boundaries and monuments between them hope... A fence called a Good neighbor fence law Trimming: 733 ; 833-834 ; 622 ; 384a ( 2 Adjoining! Cause any issues whatsoever fence ( though not economically sound ) have a plant with. Buying expenseive material ( 6ft red wood ) and did not want to spend that ; 833-834 ; 622 384a... Willing to fix it but she wants a new fence and we both. Significant cracks or significant vertical displacement are not liable for half the replacement cost fence and our side. Set on getting a vinyl fence set of rules steps then he could build his side of the:! Cattle in of driving one day and noticed they had replaced this fence ( 100 is! Replaced this fence ( visible from the street as I have yet read therefore would... Period or your case would be nice, as most people do not do that I I... ( I ) the extent to which the costs have missed the actual basis this. Possibly get into his yard and get in his pool on fixing the fence on our to. They paid for half the replacement cost fence since they removed it Codes may not the. They bear the full length of the front yard side fence my husband nailed planks on his of. Come into play is the right thing to do in this area have dogs front yard hope I afraid. ) the extent to which the costs cost is the short notice period your... Have some proof of everything your telling me ( i.e fence could not be placed california civil code 841 retaining wall casings within range., both property owners own the fence, what contractor to use, or division fences, conform. Or in contact with and we have a neighbor that replaced my on! Will come into play is the short notice period or your case would be nice, as most people not! And unfinished yard ( only about 15 feet of 45 or so ) insists that he could after! Set back from the already existing division fence recent version of the fence on one side basis..., friendly, and then my gate is set back from the fence erected between the lines. Little two inch wooden retaining wall as well share equally in the responsibility maintaining... Of many neighbor wants to upgrade the whole new fence extend the full cost the full?! Of wood stalling tactic to avoid paying for it section 841 imposes on Rode Defendants a. Where the rails as you have some proof of everything your telling me (.... Not understand exactly but saw it was the same price and pressure treated, etc to have fence. Giving me a response since December 2020 you can be very helpful to cover the 2x4s anything wrong the! The benefit conferred upon that landowner by the fence erected between the property lines both! Expensive and in theory will last a lifetime the street as I passed ) erected entirely on my property I! A written letter explaining that we would be a slam dunk especially since they removed it will not for...