Your county deed and assessor’s office may already have a copy, or you may have paid for one when you purchased your house. Visit our professional site », Created by FindLaw's team of legal writers and editors After all, when you’re in such close proximity, maintaining a solid relationship can be a huge asset. Property line and boundary issues are less common than they used to be due to advanced records and fairly defined property lines. The original law had been in place since the 1870s, and simply provided that both owners were mutually responsible for common fences. But it's also true that many disputes arise between neighbors over the construction and maintenance of those fences. Pursuant to the agreed boundaries doctrine, if the exact location of a property line is unknown and two adjacent property owners agree to erect a fence where they think the property line belongs, and the fence remains for five consecutive years, the fence may be deemed the new property line. Every state interprets "use" differently. In the next four paragraphs we will examine two relevant statutes as a background to understanding the case law that has evolved concerning fence and boundary lines. There are three main definitions: | Last updated November 28, 2017. California spite fence law starts with Civil Code section 841.4. California’s spite fence law provides that any fence or other structure in the nature of a fence that unnecessarily exceeds ten feet in height and is maliciously erected or maintained for the purpose of annoying the owner of an adjoining property constitutes a private nuisance. They say good fences make for good neighbors. The costs involved must be ‘reasonable,’ and backed up by evidence of their need. There are a lot of disputes around fences in California because homeowners do not understand what the laws are surrounding installation and maintenance. There are some common issues that present themselves again and again. You can often avoid property line disputes by conducting a survey and thoroughly examining the deed prior to purchase. The law includes fences that have been considered the division line even if a survey later reveals that the fence was not on the true property line. Rptr. It 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 statute is not limited to traditional fences. Therefore, if you live next to an undeveloped portion of Big Basin Redwoods State Park, you won’t be able to “annex” … Read on and we will walk you through everything you need to know. The law states that if your neighbor erects a fence (which can be made out wood, cinder blocks, bushes, etc.) If a problem is found, you can either pass on the property or work with the seller and the other property owner to resolve the issue. The most common dispute when it comes to fencing has to do with the property line itself. This law was created as a result of a California … Whether you have a case to sue due to encroaching trees, there are much more simple and cheaper, avenues to consider before filing a … The chart below provides a summary of state laws related to fence laws in California, including links to important code sections. Another common dispute involves a fence that is erected directly on the property line between two homes. For a minor nuisance or inconvenience, the law will expect the neighbor to trim bothersome branches. You can face stiff civil and even criminal penalties for damaging a tree on your neighbor's property. When there is a debate over property lines, fence height, or other issues, an objective outsider may need to make the final decision. If not, these usually cost $500 to $1000 from a qualified surveyor. Just because there’s a fence, doesn’t mean it’s on the property line. obstructed views, but California law now requires property owners to take extreme precautions before relying on self-help to resolve tree disputes. The law states that if your neighbor erects a fence (which can be made out wood, cinder blocks, bushes, etc.) Under California law, landowners and their adjoining neighbors are jointly responsible for constructing, maintaining, and replacing fences that divide their properties. A fence built on a boundary is typically considered joint property of both property owners. Title to property is usually transferred by means of a deed. Consider speaking with a California real estate attorney to get a handle on your legal options. 555 Peters Ave #115 Property Line and Fence Laws in California. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. For a minor nuisance or inconvenience, the law will expect the neighbor to trim bothersome branches. 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. Your county deed and assessor’s office may already have a copy, or you may have paid for one when you purchased your house. Legal advice on Property line disputes in California ... Two years ago, my neighbor built a 6’ chain-link fence, 3 feet from the property line into her property. ), you’ll need a survey. Although it's best to try to resolve neighborly matters through polite communication and mutual agreement, some issues can easily escalate. Unless ownership and siting of boundary fences and walls is specifically stated in the deeds of each property, both parties share equally in the duty to maintain the fence. It is common in California for houses to be built packed close together but that can make erecting and maintaining fences difficult. Reach out to me, Lisa Wills, Law Offices of Lisa Wills,  at any time for assistance. Notifying Neighbors Before Building a Fence A Beginners Guide to Starting a Nonprofit Organization Under California Law, New 2021 California Laws that Impact Businesses and Employers. But sometimes disputes do happen, and often these arguments involve something that cannot be seen — the property line. In most cases, a fence on your own property that is close to the boundary line is still subject to fence laws. Good neighbors should agree to split the cost of the repair of fences or common boundary walls. Of course, like many laws there are exceptions. California Building Code Fence Requirements. Existing law further requires coterminous owners to maintain fences between their properties, except as specified. Handley the court looked at the purpose of the law ,which was to prevent what would otherwise be a lawful practice of building or maintaining an unnecessarily high barrier on their property line. CA’s Good Neighbor Fence Law. California law is pretty straightforward when it comes to responsibility for fences between adjoining neighbors. The California Code for a Landowner's Right to Trim Trees. California Property Line Fence Law Property line laws are contained within California Civil Code. 10. The first element of adverse possession is occupation of the property in a manner that is “open and notorious”, meaning under circumstances that give reasonable notice of the occupation to the true owner. The Line Fences Act never mentions livestock! Fence Height and Permits According to the California Building Code, Chapter 1, Section 105.2., a permit isn’t required if the fence … See, Wilson v. Handley, 97 Cal.App.3d 1301 (2002), where the Appellate Court ruled that a row of trees planted in the nature of a fence along the property line does constitute a "structure" under California Civil Code Section 841.4, could be deemed a spite fence and hence illegal. Depending upon the nature of the imposition and obstruction of use, it is a unlawful property interference act. Both owners are responsible for keeping the fence in good repair, and neither may remove it without the other's permission. Being well informed can help you avoid unnecessary disputes with your neighbors. Existing California law (Civil Code Section 841) provided that property owners were only responsible for contributing if they were using the fence to enclose their own property. Re: Fence of property line The California law on boundary fences is outdated (not amended since enacted in 1872) and does not adequately take into consideration modern-day urban situations. The law regarding trespasses to land might also cover this situation, but again it is all based on centuries of judges' decisions and is … California’s parcel tax system makes this element nearly impossible to establish. Any property that is held by California’s state and local government entities is typically immune from adverse possession actions. In many cases, you can build the fence directly on a property line that is shared with someone else. Under California law, trees or shrubs that grow across a property line can be considered a nuisance. California Property Lines and Tree Trimming Laws. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. California Boundary Fence Laws. Van Bergen (2012) 146 Cal. This fence has been in bad shape since about 3-4 years ago, which is right around the time my neighbors had moved in. As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. The notice shall include notification of the presumption of equal responsibility for the reasonable costs of construction, maintenance, or necessary replacement of the fence. Just because there’s a fence, doesn’t mean it’s on the property line. My dad had installed some metal supporters on our side of the fence at that time, and also informed our neighbors about this fence being in bad shape. If a property owner wants to put a fence right along the property line, they can do so only if the owner of the adjacent property agrees. that is at least 10 feet high just to annoy you, you can sue them for private nuisance. Existing law defines the rights and obligations of owners of real property. The possession and use must be continuous for a period of five years or longer. If the fence did not complete an enclosure of the neighbor’s property, there was no obligation for that neighbor to pay. Firefox, or If a fence is being erected by only one household, it needs to remain off the property line of the other homeowners. Over the Line: Misplaced fences, roads and other boundary disputes. Once you have the survey completed you will be able to identify any issues with where the fence is situated. A law in California also allows you to sue your neighbor if you believe they have built a fence or wall intentionally to spite, annoy, or irritate you. ), you’ll need a survey. Once you have the survey completed you will be able to identify any issues with where the fence is situated. The law regarding fence and boundary line disputes is a combination of legislative statute and case law. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. by Lisa Wills | Jul 26, 2019 | disputes, Real Estate. The law does not apply to fences that are completely within the property of one of the two landowners. California law presumes that a fence located directly on the property line benefits both homeowners equally. Under the guidelines of California Civil Code Section 3346, any neighbor who attempts to trim another neighbor's tree that is encroaching or nearing the property line must make all efforts not to damage the overall health of the tree. California's statutes on boundary fences date back to the 1872 era and don't provide much guidance for modern urban situations. (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 presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence. Pleasanton, CA 94566 The email address cannot be subscribed. Internet Explorer 11 is no longer supported. Search, Property Boundaries, Lines, and Neighbors, Adjoining landowners presumed to be equally responsible for reasonable costs of construction, maintenance, or necessary replacement of boundary fences, Must give adjoining landowner 30 days' notice before beginning work, Must provide description of problem with the fence; proposed solution and estimated costs; proposed timeline for completing project, Any fence or fence-like structure unnecessarily exceeding 10 feet in height maliciously erected or maintained to annoy owner or occupant of adjoining property is a private nuisance, May not cut down or damage tree on neighbor's land, May trim branches extending onto your property, but may not act unreasonable, negligently, or cause harm to tree. Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. Over the Line: Misplaced fences, roads and other boundary disputes. If the fence or barrier in question was not built to spite you but you still disagree with its existence, you might have to look into your neighborhood association regulations to see if there are actions you can take. Both property owners own the fence erected between the property lines when both use it. Other statutes, such as the Municipal Act and the Pounds Act, as well as common law, impose a duty … It covers farming situations where neighbors would either enclose their fields completely (to keep livestock in if they were grazing stock, or out if they were growing crops) or not at all. There is also Civil Code Section 841, California’s “Good Neighbor Fence Act of 2013” which took effect in 2014. Some cities limit what types of trees can be cut down or pruned; and if you do trim the part of a tree that extends onto your property, you must act reasonably and avoid negligently killing or damaging it. She has not maintained that strip of land nor used it since. However, recent California cases on prescriptive easements correctly note that an easement is a right to use someone else’s property in a non-exclusive manner. Tree Maintenance Law in California; California Laws Concerning Boarding Houses ; How to Evict a Disabled Person in California; If a neighbor builds a home, driveway or even a fence on part of your property that adjourns his, then he is encroaching upon your land. Fences provide aesthetic and security benefits to a property. He inherited the home from his grandmother and claims that fence is encroaching on his prop and wants the 3 feet back. Tree Maintenance Law in California; California Laws Concerning Boarding Houses ; How to Evict a Disabled Person in California; If a neighbor builds a home, driveway or even a fence on part of your property that adjourns his, then he is encroaching upon your land. Property Line and Fence Laws in California: Related Resources, Get Legal Help for Your California Fence Law Issues. Adjoining landowners share equal responsibility for “division fences”—fences on the boundary line between two properties that physically lie on both owners’ properties. This is no less true in California, where houses are packed closely together and neighbors like to maintain their privacy. Sometimes, neighbors dispute the placement of the property line. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. One issue that comes up frequently between neighbors is whether or not they are equally responsible for the costs, construction, and maintenance of a fence that sits on the boundary line between their properties. You may need to step back the fence. Line fences mark the boundary between abutting properties. The costs involved must be ‘reasonable,’ and backed up by evidence of their need. California Property Line and Fence Laws at a Glance. California also allows you to sue your neighbor if they build a "spite fence" on their property. A property owner can build a fence anywhere on their side of the dividing line between two properties (also called the “property line”). In this situation, who has responsibility is it to maintain and care for the fence? Refreshed: 2018-05-15 Refreshed: 2018-05-15 California.Public.Law property line/irregular fence line at the rear of our lot the existing fence (15+ years) veers about 3 feet off a straight line to form the boundary with neighbors lot. Everyone hopes for a quality relationship with their neighbors. If not, these usually cost $500 to $1000 from a qualified surveyor. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. The California Legislature, in its infinite wisdom, recently updated its law regarding "good neighbor" fences, that is, a common fence dividing two properties. There is also Civil Code Section 841, California’s “Good Neighbor Fence Act of 2013” which took effect in 2014. First, if there is a dispute as to where the property line is, you may need to have a survey conducted to establish where your property actually ends. Height restrictions are just a small part of the laws regarding fences in California and elsewhere, although we will solely concentrate on the East Bay Area in CA for this article! California Boundary Fence Laws A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. In order to know if your fence is on your property line, inside your property line, or even on your neighbor’s property (yikes! Read on to learn about property line and fence laws in California. (2) Where a landowner intends to incur costs for a fence described in paragraph (1), the landowner shall give 30 days' prior written notice to each affected adjoining landowner. While section 3 of the Line Fences Act gives property owners the right to build and maintain line fences, it does not force property owners to build line fences to mark their boundaries.. Are you a legal professional? Inconvenience, the law states that both homeowners are equally bound to maintain their.. The real estate attorneys at Last & Faoro have successfully resolved these types of disputes fences... Is being erected by only one household, it needs to remain off the property line fence. Law does not apply to fences, must conform to fencing laws established by local and. 'S also true that many disputes arise between neighbors over the property line fence law property.. Of legislative statute and case law neighbor to trim bothersome branches makes it easier to disputes... Closely together and neighbors like to maintain and care for the fence erected between the property of both property rules! The boundary line between two properties also true that many disputes arise between neighbors over the construction maintenance. Pursuant to California law, landowners and their adjoining neighbors are jointly for... On their property, wall or hedges must be continuous for a period of five years longer! California property line between two properties property that is erected directly on the property line and laws... Much guidance for modern urban situations neighborly matters through polite communication and mutual agreement some., must conform to fencing laws established by local ordinances and CC Rs... Than in some states policy and terms of use, it needs to remain off the property line itself could! Of legal writers and editors | Last updated November 28, 2017 just because ’! Fenced area or a shed or bordered landscaping partially over the construction and maintenance of those.! But sometimes disputes do happen, and neither may remove it without the 's. To split the cost of maintaining or replacing the fence did not complete an enclosure of the california property line fence law... ’ and backed up by evidence of their need an enclosure of the neighbor s... Important Code sections FindLaw’s newsletters, including our terms of use, it needs to remain off the property and! Legal Help for your California fence law property line with a public entity, you can at! We hate spam as much as you, you can build the fence is encroaching on his and. Real estate to fences, property lines, tree trimming, and you can build fence... Have the survey completed you will be able to identify any issues with where the in. 500 to $ 1000 from a qualified surveyor a handle on your own property that held. A neighbor may have the survey completed you will be able to identify any issues where... Typically to have a survey carried out to establish even a hedge can act as a boundary disputes. Is situated shared responsibility of the imposition and obstruction of use and privacy policy terms! Packed closely together and neighbors like to maintain the boundaries between their properties as both and. Who has responsibility is it to maintain the boundaries between their properties for fences between neighbors. Should the interference be more problematic, a landowner must first obtain the neighbour 's consent to remove alter... Understand what the laws are surrounding installation and maintenance real estate attorney to a. Feet back has been in place since the 1870s, and neither may remove it without the 's... Broad ranging power to dictate how property owners win, the law states that california property line fence law homeowners equally! Located on private property or Microsoft Edge views, but California law presumes that a fence built a! Be Illegal an enclosure of the repair of fences or common boundary walls a of. Disputes by advocating “ prescriptive easement ” rights provide aesthetic and security benefits to a property line, the. Degree of the two landowners shape since about 3-4 years ago, which is right the. Activity or condition that impairs the enjoyment of a deed a professional law Corporation - all rights reserved, byÂ! So you have the survey completed you will be able to identify any with. Between two homes been in place since the 1870s, and often these arguments something... To purchase reach out to establish exactly where each property begins and ends fence in good repair, and.! Site », Created by FindLaw 's team of legal writers and editors | updated. Or near a property line and fence laws than ten feet in height own property that is to. That grow across a property line, though the exact definition can vary by.. Landowners and their adjoining neighbors, except as specified boundary fences, must conform to laws! Issue for landowners s presence to have a question regarding property ownership criminal penalties for a. It easier to settle disputes because it gives property owners agree otherwise, fences dividing adjacent properties are shared! Statutes on boundary fences sit on the property line, though the exact definition can vary by state and provided... Adverse possession actions not understand what the laws are contained within California Civil Code branches and roots even... Laws on property lines and fences California law is pretty straightforward when it comes to for! Use, it california property line fence law common in California, including links to important Code sections you a. And privacy policy and terms of use, it is common in California, trees or shrubs grow... Established by local ordinances and CC & Rs you shared a property line benefits both homeowners equally can... For a landowner 's right to sue your neighbor if they extend onto your property apply fences... With additional evidence `` spite fence '' on their property but sometimes do. Involved must be ‘ reasonable, ’ and backed up by evidence of their need modern urban situations,... Constructing, maintaining, and neither may remove it without the other 's permission owner has to.... Equally responsible for costs associated with repair and maintenance of those fences a fairly common for. Is erected directly on the property line between two homes since about 3-4 years ago, which is around... Placement of the problem into consideration is a unlawful property interference act be deemed a fence is situated and... Like to maintain fences between adjoining neighbors Get a handle on your own property that is erected directly the. Is held by California ’ s “ good neighbor fence act of 2013 which..., maintaining a solid relationship can be considered a nuisance is an activity or condition that impairs enjoyment! Your California fence law property line win, the law regarding fence and boundary issues less... On to learn about property line disputes by advocating “ prescriptive easement ”.! Issue and/or a location to maintain their privacy are responsible for constructing, maintaining solid... Degree of the property line with a public entity, you may not be able to any! However, this is no less true in California: related Resources, Get Help... Possession and use must be ‘ reasonable, ’ and backed up by evidence of need! Homeowners do not understand what the laws are contained within California Civil Code Section 841, California ’ a. The right to trim bothersome branches regarding property ownership doesn ’ t mean it ’ s on property. Through everything you need to know local ordinances and CC & Rs learn property. The laws are surrounding installation and maintenance if they extend onto your property and fences California law, or. And boundary issues are less common than they used to be built packed close together but can... Chart below provides a summary of state laws related to fence laws in California, our! For the fence did not complete an enclosure of the cost of or. Like to maintain their privacy local government entities is typically immune from adverse possession actions fenced area a. Between neighbors over the property line can serve as both landscaping and a property boundary these types of around... Or alter the fence in your side yard is really three feet over the property line benefits homeowners! Possession and use must be ‘ reasonable, ’ and backed up by evidence of their need self-help to neighborly... The rights and obligations of owners of real property to remain off the line... 3 feet back is also Civil Code of their need a survey carried out to establish exactly where each california property line fence law... Careful about cutting branches and roots, even if they extend onto property! We hate spam as much as you, and more Firefox, or Microsoft Edge erected by only one,! Neighbors are jointly responsible for costs associated with repair and maintenance of fences... Property, there was no obligation for that neighbor to pay one-half of the neighbor ’ s parcel tax makes! Adverse possession actions line with a public entity, you can face stiff Civil and criminal. Cost $ 500 to $ 1000 from a qualified surveyor state law provides some guidance it! The 3 feet back boundary disputes completely within the property lines and fences California law, fences on boundary... He inherited the home from his grandmother and claims that fence is situated and replacing fences that are completely the! Summary of state laws related to fence laws in California: related Resources, Get legal Help for your fence! Does not apply to fences that divide their properties, except as specified precautions before relying on self-help resolve... California ’ s a fence that is close to the boundary line two. Property that is held by California ’ s property, there was no obligation for that neighbor to trees! Mutually responsible for common fences well informed can Help you avoid unnecessary disputes your... Enter a legal issue and/or a location in such close proximity,,! A barrier may be deemed a fence reach out to establish the button fence erected the! To both owners are equally responsible for common fences the boundaries between their properties such close proximity, a... Split california property line fence law cost of maintaining or replacing the fence is being erected only.