rules on building a fence on a slope (August: insurance, houses) - Los Angeles - California (CA) - City-Data Forum

duke03 · 09-28-2009, 01:40 PM

About 3 months ago our neighbors took down the fence between our houses. They replaced it with a new one, never asking to split the cost or warning us. After the fence was finished we had to use bricks, wood anything to cover the large gaps under the fence. Our yard is on a hill and the holes were large enough for our 10lb puppy to get under and in their yard. Its not very pretty but held up until last week. Some of the dirt gave away and our puppy slipped under the fence and in to their yard. At that time the family was out of town. Our dog got out of their open gate due to MORE construction to their house and yard. He ran out front and in to the street and was killed by one of their workers. The death of our dog has devestated our 3 young girls and of course us. We would like to get a new dog but the yard and dirt will continue to give way and cause openings under the fence.....What do we do from here???

VLWH · 09-28-2009, 03:24 PM

Wll i'm not a lawyer, but you can try sitting down with neighbors and work out a plan to get the backyard cfenced off to both of your likings. If they give you any hassle, my guess is you can tell them you may be starting legal actions for their negligence on allowing the open area and your dog getting out and killed.

ehcsrop · 09-28-2009, 06:52 PM

Quote:

Originally Posted by VLWH

Wll i'm not a lawyer, but you can try sitting down with neighbors and work out a plan to get the backyard cfenced off to both of your likings. If they give you any hassle, my guess is you can tell them you may be starting legal actions for their negligence on allowing the open area and your dog getting out and killed.

I don't think that's the approach. But, let me back up and say I'm very sorry about the dog. That is terrible.

On one hand, dog training is a must. On the other, an open fence is way too inviting for the average dog.

I'd say your neighbors are rather insensitive and would go further to bet that they don't have a dog.

So, here's what I'd do: I would inform the neighbors of the incident. Hopefully your dog had the appropriate license. I'd try to identify the driver that killed the dog. You don't say, but any driver involved in something like this must stop and summon help. Did the driver do that?

There seems to be some negligence here, but it's sort of spread around. If this were my situation. I think I'd leverage it for what I could. Like, are the permits for all work in order? Does the contractor have insurance? Did the contractor build the fence to code? Is the rest of the work properly secured (if there's a pool next door, the gate must remain closed and locked 24/7).

BTW, I'm a contractor. I'm also an expert witness if you need me.

duke03 · 09-28-2009, 09:58 PM

Yes there is so much more to the story! I really did not want to bore you with all the stupid details. But I feel I must defend myself....My dog turned 1 in August. I found him roaming the street. Took him to the vet, he had no tag or microchip, they estm him at the time to be 2mon old. The place I found him is an area I drive monday-Friday. Never saw any lost dog signs. We were able to leave the front door open and he would not cross his "invisiable" line. NEVER went out the front door. Obedience school would NOT prevent him from exploring through a hole in the fence. He was a very out going dog and loved people. My husband would walk him every morning over 3 miles to the beach and back.
Our neighbors complained that our friends would park infront of their house. They have 2 spots out front of their house, he would come home after 5:30, so IF someone, our friends would park in front of his house I would make sure they moved their car before he came home. We both share a driveway, and the driveway is very long. We can fit 3 cars. Anyway 6mon after living there he sends us a very long letter about parking and other stupid thing he wants us to change..he does not even have the ba__s to speek to us. Becaues we live next door and plan to live there for a long time and beacuse we have 3 young girls I have tried to respect his weird ways. YES he has 2 poodles he LOVES!!!! No children. To make matters worse it was his worker that ran over Duke and killed him. Neither of them has said sorry or even made any attempt! This is the kind of person Im dealing with! He has a problem with everything we do but cant even come and talk to us. He has to send a letter. Im just trying to get advice on the legal way to build a fence and all my info before I speek to this person...Or resolve the problem

ferretkona · 09-28-2009, 11:29 PM

He can only complain to the city about parking, being a public street it is legal and fair for the whole state to park there.
You need to take pictures and possibly have your land surveyed. If the original fence was on his land he was within rights to remove it. If it was on your land he is liable for damages and proper replacement. Document, document, document everything
No need to defend your love for the dog, he was a family member.

BayAreaHillbilly · 10-01-2009, 11:27 AM

Sorry to tell you this, but you own "dog proofing" your own yard in any case. We have an identical situation to yours. Dog proofing is difficult and requires things like going underground with your own mesh, etc.

Just FYI, here is my understanding of fence ownership.

The property that has the actual fencing on their side of the posts / poles owns the fence.

In the case of chain link or other mesh, that means, if the link / mesh is on your side of the poles you own it and if it's on the other side the neighbor owns it. In the case of a redwood fence, if you have the boards on your side of the posts and framing, you own it, if the boards are on the other side the neighbor owns it.

duke03 · 10-02-2009, 10:45 PM

Im not real clear as to what you mean as "posts" and "framing"....the ugly side is facing our yard (the fence is wood). The smooth side is facing them. I thought I did doggie proof but the dirt gave way. Can I still add mesh or what ever is needed with the fence up?

SOON2BNSURPRISE · 10-04-2009, 01:01 AM

Did they get a permit to replace the fence? Did an inspector stop by to make sure it was built to code? Not all jourisdictions will require this but many will. What is the age of the former fence? The property line has the ability to change when a fence has been on the property for a set amount of time. Their again it may depend upon the jourisdiction that you live in, be it a city, county land, ect. Was the old fence a danger in some way, damaged in any way? Did your dog have the ability to get into the neigbors yard in the past? You may be able to have the neighbors correct the problem. So many variables to check out. You need to see what your community has in writing about fences in your area.

BayAreaHillbilly · 10-05-2009, 01:56 PM

Quote:

Originally Posted by duke03

Im not real clear as to what you mean as "posts" and "framing"....the ugly side is facing our yard (the fence is wood). The smooth side is facing them. I thought I did doggie proof but the dirt gave way. Can I still add mesh or what ever is needed with the fence up?

If the original fence was like that, then they owned the original fence and they own the new one.

ehcsrop · 10-20-2009, 04:15 PM

Quote:

Originally Posted by BayAreaHillbilly

Sorry to tell you this, but you own "dog proofing" your own yard in any case. We have an identical situation to yours. Dog proofing is difficult and requires things like going underground with your own mesh, etc.

Just FYI, here is my understanding of fence ownership.

The property that has the actual fencing on their side of the posts / poles owns the fence.

In the case of chain link or other mesh, that means, if the link / mesh is on your side of the poles you own it and if it's on the other side the neighbor owns it. In the case of a redwood fence, if you have the boards on your side of the posts and framing, you own it, if the boards are on the other side the neighbor owns it.

I think that's an old concept nowadays. And, I remember when people did use a rule of thumb, it was opposite of what you say. Why? Well, first you don't build a fence with the "ugly" side to the street. And second, you don't make the fence easy to climb from outside the yard.

Read this.