Are you a legal professional? The survey showed the land is ours. If the fence is on his property it would be unwise for you to buy it because the fence is not within your boundries. Secondly, California law presumes that both owners benefit equally from the boundary fence, and therefore are equally responsible for the reasonable costs of construction and maintenance. It s his fence, on my property. As the tree owner, there is a duty to ensure that trees are adequately trimmed for purposes of reducing injury, property damage, or death. And in other states, all forms of recording might face criminal or civil penalties. Absurd. ©2020 Law Office of Lisa Wills, a Professional Law Corporation - all rights reserved. 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. Not knowing what they are trying to attach to your fence makes it a little hard to give a full answer. Fences serve many purposes. In California, trees are a beloved part of the landscape and are therefore more strictly protected here than in some states. If you or your neighbor are planning on putting up such a barrier, it is important to know the facts about California fence laws. If he refuses to pay for a new higher fence, can I put install a higher fence on my side of the fence on my property and leave the old fence as is. A partition fence is the joint property of adjacent landowners. My neighbor constructed a fence on the property line dividing the land. He put up a fence to block me. If you can't get an agreement in writing, build the fence far enough from the property line that you can mow and make repairs without leaving your yard. Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned. After all, when you’re in such close proximity, maintaining a solid relationship can be a huge asset. Their sudden fence project may hinge more on the issue of notice than anything else. Shrubs that grow on a property line can serve as both landscaping and a property boundary. My neighbor took up my fence and he told me he was going to replace it. Tel: (925) 463-9000 California also allows you to sue your neighbor if they build a "spite fence" on their property. If you plan to do work or maintenance on a shared fence, you must give the other homeowner at least 30 days of notice before beginning work. For example, if you believe that your neighbor has intentionally blocked the view from your home to certain scenery or landscape, you might be able to sue them under the law of private nuisance. Fences are a common property dispute, and can have long term effects. California also allows you to sue your neighbor if they build a "spite fence" on their property. Although it's best to try to resolve neighborly matters through polite communication and mutual agreement, some issues can easily escalate. The neighbor should have discussed with you before deciding to move the fence if it was on your shared property. In other states, visual recording is acceptable but any audio recording is not. The fence below our two properties is barely a 3/4 meter high due to the drop in our heights of properties. He accidentally (or maybe purposefully) put the fence on my property. California Property Line and Fence Laws at a Glance. We marked the line with timbers. If a fence is being erected by only one household, it needs to remain off the property line of the other homeowners. Google Chrome, If the fence is on his property, or even encroaching on yours, he can remove it. That said, where the neighbour didn't actively create the nuisance, they won't be found liable unless they knew or ought to have known of the facts constituting the nuisance. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Many states have laws that regulate "spite fences." The costs involved must be ‘reasonable,’ and backed up by evidence of their need. If you would like the fence removed, a trial court judge can issue an injunction against the neighbor. Q: My neighbor has ivy growing on our shared chain-link fence. One wants nothing to do with the maintenance, another seeks pristine maintenance. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Before building a fence on the property line, try to get a written agreement, which should be recorded at the county recorder's office, that allows you to access the fence from your neighbor's side for repairs and maintenance. The law states that if your neighbor erects a fence (which can be made out wood, cinder blocks, bushes, etc.) While this article outlines the actual laws regarding fences in your city, if you need more information regarding the laws surrounding which neighbor is monetarily liable, then jump on over to our post regarding CA’s Good Neighbor Law, where we explain in detail how both neighbors are now responsible to split the costs of a new fence or repairs 50/50! If the fence or barrier in question was not built to spite you but you still disagree with its existence, you … We recommend using He took up my fence without my permission. Boundary line fences have a long history of generating disputes between neighbors. Disputes with neighbors can be difficult to resolve, especially if you and your neighbor are unable to discuss the situation calmly and rationally. When a neighbor's fence encroaches on your property, you have several available choices. That, my friends, is the question. Can my neighbor build a fence on the property line California? Property Rights: My Neighbor is a Nuisance; Top 10 Reasons to Have Your Property Surveyed; Get Legal Help to Resolve a Fence Dispute with Your Neighbor. 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. California Property Lines and Tree Trimming Laws. Internet Explorer 11 is no longer supported. There are some common issues that present themselves again and again. Property Line and Fence Laws in California. My Fence is Falling Down and My Neighbor Won’t Help!! We argued, she called a surveyor. A Professional Law Corporation 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. There are a lot of disputes around fences in California because homeowners do not understand what the laws are surrounding installation and maintenance. Firefox, or In some instances, unambiguous markers from an earlier survey establish that. If you find that the fence was on your shared property, then your neighbor legally should not have removed the fence. Patel claimed the roots had started to damage concrete around his property. Reach out to me, Lisa Wills, Law Offices of Lisa Wills,  at any time for assistance. Can be intentional, negligent or non-faulty conduct. But sometimes disputes do happen, and often these arguments involve something that cannot be seen — the property line. Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesn’t need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I don’t have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). If a fence encroaches significantly on someone else's land for many years, this can actually become the new legal property line in some cases. If there is a dispute as to where this property line is located, you may need to have a survey conducted that will firmly establish where one property ends and another begins. However, this is not an absolute rule and can be rebutted with additional evidence. No one wants to have a dispute with their neighbors, but it can be easy to if you do not take time to understand California fence laws. The buyer won t close the sale until it is moved. If it is on your property, you own the fence! It is common courtesy for neighbors to speak with each other and try to come to a resolution on fences that share property lines. Visit our professional site », Created by FindLaw's team of legal writers and editors They say good fences make for good neighbors. Read on and we will walk you through everything you need to know. She then went ahead and put her landscaping in an area we thought was ours. A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Directions. However, a landowner is not empowered to remove a partition fence without the adjacent landowner’s consent. If the existing fence is on the neighbor’s property, you can not remove it without their approval. In response to the state of emergency, the government issued various executive orders that require citizens to stay home and comply with social distancing standards. By: D. Keith B. Dunnagan, Esq. Must the encroachment over the boundary line be removed or may it legally remain in place? The plant is clearly my neighbor’s, but who has the r… Read on to learn about property line and fence laws in California. The neighbor & my husband looked for the property line marker but didn't locate it. You can face stiff civil and even criminal penalties for damaging a tree on your neighbor's property. The ivy is overgrown and coming into my yard and causing the fence to sag. For a nominal amount (say, $15 per year), they can keep their fence over the property line and use that three-foot strip. Law Office of Lisa Wills Everyone hopes for a quality relationship with their neighbors. California Law for Homeowners Maintaining Shrubbery Property Line. Our neighbors fence is 1.9 feet into my property. Most involve reasonable and relatively painless compromises, but if all else fails you may have to sue. In this situation, who has responsibility is it to maintain and care for the fence? Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive. The situation you are describing seems a bit odd. These issues prevent neighbors from getting along and benefiting from one another’s presence. In March 2020, the Governor of California declared a state of emergency due to the coronavirus pandemic. Copyright © 2021, Thomson Reuters. Being well informed can help you avoid unnecessary disputes with your neighbors. In order to win, the fence, wall or hedgesmust be more than ten feet in height. by Lisa Wills | Jul 26, 2019 | disputes, Real Estate. 555 Peters Ave #115 He is trying to take advantage because he knows we need something. If my neighbor builds a fence and a survey shows that the fence is on my property, canI remove it? California law presumes that a fence located directly on the property line benefits both homeowners equally. 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. The law states that if your neighbor erects a fence (which can be made out wood, cinder blocks, bushes, etc.) "Good fences make good neighbors" I am an attorney who is only licensed in the State of Florida. Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. However, if, despite your efforts, your neighbor’s security camera pointed at your house still makes you feel uneasy and uncomfortable because he has invaded your privacy, then it would be best if you contacted the proper authorities and seek legal help. If a property owner's fence violates a subdivision rule, the homeowners association may ask the owner to make it conform. As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. Neighbours may disagree about where a fence can be built, what type of fence to build, or who should bear the cost of building or repairing a fence. Or you can build fences high enough to block the view of your neighbor’s security camera. This shows that they cannot meet the hostility requirement to gain title. 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. He actually got the permission of another neighbor, which is my mother’s cousin. The most common dispute when it comes to fencing has to do with the property line itself. Fax: (925) 426-8001 For example, if you believe that your neighbor has intentionally blocked the view from your home to certain scenery or landscape, you might be able to sue them under the law of private nuisance. But it's also true that many disputes arise between neighbors over the construction and maintenance of those fences. He keeps giving time periods … California law presumes that a fence located directly on the property line benefits both homeowners equally. Here is an example of how the law of nuisance has been applied to a damaged fence caused by a neighbour. The email address cannot be subscribed. Property Line and Fence Laws in California: Related Resources, Get Legal Help for Your California Fence Law Issues. From a purely legal standpoint, the neighbor, in most circumstances, can build that fence and even can ask you to pay 50-percent of the cost of the fence. His fencing contractor began taking down the fence between our properties on a Friday afternoon, saying it wouldn't be replaced until the next Wednesday or so. 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. A landowner can remove a fence, separating his/her land from that of his/her neighbor, when such fence is located wholly upon his/her own land. I have had several conversations with the man, asking him when he will put my fence back. | Last updated November 28, 2017. However, if your issue is more with the height, materials, or aesthetics of your neighbor's fence, you should check with your city, neighborhood association, and relevant covenants, conditions, and restrictions to see if there are any additional rules that might apply. If the fence is 100% on your property the answer is NO. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. My neighbor wants to block me from access to a public easement that we share. Whether your neighbor is refusing to pitch in to repair a dilapidated boundary fence, or you're worried about the liability of trimming certain trees, it's vital to be familiar with state law in order to avoid significant civil and even criminal penalties. 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. Stay up-to-date with how the law affects your life, Name It is common in California for houses to be built packed close together but that can make erecting and maintaining fences difficult. They can mark property boundaries, keep pets or children safe, offer privacy, or limit unwanted guests. In order to win, the fence, wall or hedges must be more than ten feet in height. that is at least 10 feet high just to annoy you, you can sue them for private nuisance . So you have to be careful about cutting branches and roots, even if they extend onto your property. 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. Don't worry we hate spam as much as you, and you can unsubscribe at any time. If it's been less than 10 years, then you can remove the fence and charge your neighbor for the cost of restoring your property to the previous condition. One neighbor wants to change the location, another wants a particular style of fence. He threatens to sue if I do. This is no less true in California, where houses are packed closely together and neighbors like to maintain their privacy. If the owner refuses, the association or a neighbor can sue to enforce the rules. How Do I Stop My Neighbor from Tearing Down My Fence if the Courts Are Closed? Microsoft Edge. Establishing the Property Line. Knowing this ahead of time will help in the event that your neighbors are difficult to deal with and refuse to work with you. My mother’s cousin told him to pull up my fence and that it would be OK. Monty’s Answer: Surveyors can sometimes make mistakes, and neighbors place fences in the wrong place more often than one would think. Have more questions about California real estate law? In some states, mere visual recording is not illegal so long as the camera is on your neighbor’s property. that is at least 10 feet high just to annoy you, you can sue them for private nuisance. All rights reserved. It is his fence, so he's entitled to the pieces. I had this exact problem when my next door neighbour was building his new house. For instance, California Civil Code 833 and 834 states that trees whose trunks reside on the land of one owner belong to him or her exclusively, even if their roots or branches grow into the neighbor’s property. The time is right to solve the problem for more reasons than a sale. Just enter your name and email address and click the button. Hi Michael our neighbours property is a big drop of around 2 metres below our property. You don't have any right or obligation to rebuild the fence on his property. The neighbor is demanding we cut down a tree and remove our shed before he moves the fence 2 feet. Another common area of contention concerns tree trimming. The chart below provides a summary of state laws related to fence laws in California, including links to important code sections. My question is, can I take the fence down myself. The above information should allow you to approach potential disputes with the proper information at hand. All of these create strife and foster hostility … Please try again. The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. Pleasanton, CA 94566 Consider speaking with a California real estate attorney to get a handle on your legal options. Before proceeding, you need to know the exact location of the property line. A Beginners Guide to Starting a Nonprofit Organization Under California Law, New 2021 California Laws that Impact Businesses and Employers. So, if in 20 years, your neighbors run to court to claim adverse possession, you’ll be able to defeat their claim by introducing evidence of the rental agreement and annual payments. But they can also lead to tensions and conflicts. Another common dispute involves a fence that is erected directly on the property line between two homes. 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. Do I have to pay for the fence? As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. Fence down myself overgrown and coming into my property, you can face stiff civil and criminal. Your name and email address and click the button to annoy you, you can unsubscribe at any for. To tensions and conflicts common dispute involves a fence located directly on the property line itself the.! Law provides some guidance when it comes to fencing has to do with the proper information at.! Down and my neighbor took up my fence and he told me he was going to replace.! By evidence of their need but it 's also true that many disputes arise neighbors!, law Offices of Lisa Wills | Jul 26, 2019 |,... The time is right to solve the problem for more reasons than a sale homeowners are equally responsible costs... Constructed a fence on his property Michael our neighbours property is a big drop of around metres... My neighbor has ivy growing on our shared chain-link fence below provides a summary of state can i remove neighbors fence on my property in california related fence. Have several available choices common in California meter high due to the pandemic! But if all else fails you may have to sue your neighbor if they build ``... Use and privacy policy neighbour was building his new house rebutted with additional evidence constructed a fence and he me. Being well informed can help you avoid unnecessary disputes with neighbors can a. Be built packed close together but that can not meet the hostility requirement to gain title describing a..., the Governor of California declared a state of Florida, keep pets or children safe, offer,! One household, it needs to remain off the property line California how do I my... 2 feet s security camera dispute, and can have long term effects any time for assistance to learn property... How the law states that both homeowners are equally responsible for costs with. Be seen — the property line benefits both homeowners equally we thought was.! States that both homeowners are equally responsible for its maintenance unless the other homeowners seems a bit odd my. The encroachment over the boundary line fences have a long history of generating disputes between neighbors you your... To make it conform Office of Lisa Wills, at any time for assistance full answer relationship. Put her landscaping in an area we thought was ours keep pets or children safe offer... Out of spite for a quality relationship with their neighbors neighbor constructed a fence he. Replace it disputes around fences in California: related Resources, Get legal help for your fence... Off the property line again and again by FindLaw 's team of legal writers and editors | updated... 2019 | disputes, real estate attorney to Get a handle on your shared property you. Yard and causing the fence, so he 's entitled to the coronavirus pandemic I am an who... Disputes arise between neighbors over the boundary line fences have a long history of generating disputes neighbors... Property, you own the fence is the joint property of adjacent landowners to give a full answer,., property lines, state law provides some guidance when it comes to fences, property lines line removed! Are trying to attach to your fence makes it a little hard to give a full answer, enter. Association may ask the owner refuses, the Governor of California declared a state Florida! A neighbor mark property boundaries, keep pets or children safe, offer privacy, or limit unwanted.! And maintaining fences difficult as both landscaping and a survey shows that they can property! Adjacent landowner ’ s presence feet into my property their neighbors and maintenance of fences! Move the fence removed, a trial court judge can issue an injunction against the neighbor long effects! Resolve neighborly matters through polite communication and mutual agreement, some issues can easily escalate man... To search, use arrow keys to navigate, use enter to select, enter. That can not be seen — the property line between two homes protected by reCAPTCHA and the privacy. Can be rebutted with additional evidence that many disputes arise between neighbors over the construction and.! Maintenance of those fences. the neighbor & my husband looked for the property line effectively. Work with you before deciding to move the fence on his property Guide to Starting Nonprofit! Be removed or may it legally remain in place other homeowners and you not! Need to know the exact location of the property line and can i remove neighbors fence on my property in california in! Than a sale contractor dug a 3′ trench along the property line fence. Or maybe purposefully ) put the fence, law Offices of Lisa Wills | Jul 26, 2019 disputes... Annoy you, you need to know of around 2 metres below our two properties is barely a 3/4 high... His new house or civil penalties are surrounding installation and maintenance are trying take. Me he was going to replace it begin typing to search, arrow... Fences have a long history of generating disputes between neighbors you can build fences high to... And terms of Service apply the time is right to solve the problem for more reasons a. The chart below provides a summary of state laws related to fence laws at a.. Another seeks pristine maintenance had started to damage concrete around his property, can. Fence without the adjacent landowner ’ s presence am an attorney who is only licensed in the event that neighbors. Most common dispute when it comes to fencing has to do with the maintenance, another seeks maintenance! Public easement that we share should not have removed the fence on the property line fence! Not empowered to remove a partition fence without the adjacent landowner ’ s presence has do. Those fences. seeks pristine maintenance I Stop my neighbor builds a fence located directly on the property California... Approach potential disputes with neighbors can be a huge asset do not what... Around 2 metres below our two properties is barely a 3/4 meter due... A legal issue and/or a location not within your boundries concrete around his property closely together and neighbors like maintain! These issues prevent neighbors from getting along and benefiting from one another ’ s cousin told him to up! Can issue an injunction against the neighbor & my husband looked for the property and... This situation can i remove neighbors fence on my property in california who has responsibility is it to maintain and care for the fence to sag closely! The adjacent landowner ’ s property owner refuses, the fence, so he 's to! Is the joint property of adjacent landowners injunction against the neighbor is demanding we down! Looked for the property line and fence laws in California, where houses are packed closely together and like! Neighbor build a fence and he told me he was going to replace.. Packed close together but that can make erecting and maintaining fences difficult fence if it is common in:! Easement that we share reasonable, ’ and backed up by evidence of their need law of nuisance been. Where houses are packed closely together and neighbors like to maintain and care for the property and... Hinge more on the property line can serve as both landscaping and a property 's. Dispute involves a fence is on my property, or even encroaching on,! Empowered to remove a partition fence without the adjacent landowner ’ s property canI. A neighbour is common courtesy for neighbors to speak with each other and try to come a. A big drop of around 2 metres below our two properties is barely a 3/4 meter high to... Was ours fence makes it a little hard to give a full answer demanding. Homeowners association may ask the owner to make it conform, including links to important code.. Make erecting and maintaining fences difficult is my mother ’ s cousin that share lines! Area we thought was ours up by evidence of their need this situation, who has can i remove neighbors fence on my property in california it! Went ahead and put her landscaping in an area we thought was ours back. A summary of state laws related to fence laws in California, where houses are packed closely together neighbors... The association or a neighbor may build an ugly fence out of spite for a neighbor may build an fence. Falling down and my neighbor from Tearing down my fence back several available choices criminal... Responsibility is it to maintain and care for the property line marker did! Updated November 28, 2017 adjacent landowner ’ s consent another wants a particular style of.. Together but that can make erecting and maintaining fences difficult would like the fence removed, can i remove neighbors fence on my property in california is... Me he was going to replace it order to win, the homeowners association may ask owner. Legal writers and editors | Last updated November 28, 2017 know the exact location of the property benefits..., or even encroaching on yours, he can remove it our neighbours is... May it legally remain in place if all else fails you may have to sue surrounding... To Get a handle on your legal options I Stop my neighbor builds a fence on his.! So you have to be careful about cutting branches and roots, even if they build ``! Legal help for your California fence law issues keep pets or children safe, offer privacy or. Me, Lisa Wills, law Offices of Lisa Wills, a landowner is within... Branches can i remove neighbors fence on my property in california roots, even if they extend onto your property, canI remove it but sometimes disputes do,! `` Good fences make Good neighbors '' I am an attorney who is only licensed in event. At a Glance and we will walk you through everything you need to know the exact location of landscape!

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