• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Replacing wooden fence with a block wall

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

scvhomeowner

Guest
What is the name of your state? California

I am a home owner in the Santa Clarita Valley. I would like to replace my wooden fence in the backyard with a block wall. This is due to the previous wood fence bowing in and deteriorating on the South wall. The tree root from the South side neighbor caused the fence to lift up and bow in as well as lift up portions of my concrete. This is a hazard as well because it is bowed in so much as poses a risk especially to my 2 children.

The East and West side wall neighbors have no problem with me replacing the wood fence with a block wall. The South side neighbor is selling their house which is currently in escrow. I wrote the neighbor telling him I was going to replace the wooden fence because of the hazard and asked if he would share the cost. He informed me that they could not help pay for anything as the house was in escrow. He also stated that I could not do anything to the fence as it was in escrow. I told him that I have no problem if they can’t help pay for it but I am going forward with the fence. I checked with a real estate friend and he told me that I could replace the fence regardless of the escrow.

Here are the questions concerning the neighbors:

Do I have to wait for their escrow to close before I build the block wall on the South side?

Do I have to wait and talk to the new owner of the house?

I am having a family member’s construction company do the work at cost only with no mark up and it will be done up to code. Here are the questions concerning surveys and permits:

If all the neighbors agree to the block wall being put in do I need to have a survey done?

Is a survey needed as part of a permit?

Do I need to file a permit?

If I build the wall up to code and document it with photographs, video, documentation, etc. but don’t file a permit what are the penalties?

Some people I talk to say you need a permit and some say you don't. I don't know the law out here.
 


nextwife

Senior Member
Do it right. Get a survey, get a permit. Moving that wall AFTER the fact could be very costly. If you place the wall JUST inside your lot line, the neighbor has no financial interest in it. You must follow whatever your municipal requirements happen to be for placing a fence.
 
S

scvhomeowner

Guest
If anyone has specific answers to my questions, any help would be appreciated.
 

nextwife

Senior Member
Being in agreement has NO bearing on WHY one needs a survey.

The survey is to insure correct placement. Correct placement is to avoid creating a FUTURE title "problem" in the form of a possible adverse possession claim against a portion of your yard. Just because TODAY'S neighbor is agreeable does not mean that they may not sell and a future neighbor remove a fence erroneously placed partially on their land because you failed to get a survey. You could build this in the wrong place and be faced with MORE than a fine- you could be faced with forced removal if placed wrong, even if the neighbor agreed conceptually to the fence.

Get the fence regs and see if a fence permit IS necessary. Likely it is, if it is, GET ONE. Part of the permit process may allow objections to the structure if the neighbor finds it esthetically objectionable. If you build it without going through the process, you might end up being forced to remove it.

If the fence is wholly on your land, your fence does not require neighbor permission unless local ordinance requires it.
 

HomeGuru

Senior Member
scvhomeowner said:
What is the name of your state? California

I am a home owner in the Santa Clarita Valley. I would like to replace my wooden fence in the backyard with a block wall. This is due to the previous wood fence bowing in and deteriorating on the South wall. The tree root from the South side neighbor caused the fence to lift up and bow in as well as lift up portions of my concrete. This is a hazard as well because it is bowed in so much as poses a risk especially to my 2 children.

The East and West side wall neighbors have no problem with me replacing the wood fence with a block wall. The South side neighbor is selling their house which is currently in escrow. I wrote the neighbor telling him I was going to replace the wooden fence because of the hazard and asked if he would share the cost. He informed me that they could not help pay for anything as the house was in escrow. He also stated that I could not do anything to the fence as it was in escrow. I told him that I have no problem if they can’t help pay for it but I am going forward with the fence. I checked with a real estate friend and he told me that I could replace the fence regardless of the escrow.

Here are the questions concerning the neighbors:

Do I have to wait for their escrow to close before I build the block wall on the South side?

**A: no, as long as the wall is being built on your own property.
***********
Do I have to wait and talk to the new owner of the house?

**A: see above.
*********
I am having a family member’s construction company do the work at cost only with no mark up and it will be done up to code. Here are the questions concerning surveys and permits:

If all the neighbors agree to the block wall being put in do I need to have a survey done?

**A: yes.
******
Is a survey needed as part of a permit?
**A: yes.
*******

Do I need to file a permit?
**A: yes.
*****

If I build the wall up to code and document it with photographs, video, documentation, etc. but don’t file a permit what are the penalties?
**A: you will be hanged from the wall.
******

Some people I talk to say you need a permit and some say you don't. I don't know the law out here.
**A: then why have you not talked to the building department? If you did, most of your questions would have been answered.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top