Not knowing what they are trying to attach to your fence makes it a little hard to give a full answer. I have had several conversations with the man, asking him when he will put my fence back. The buyer won t close the sale until it is moved. He actually got the permission of another neighbor, which is my mother’s cousin. 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 can face stiff civil and even criminal penalties for damaging a tree on your neighbor's property. Fences are a common property dispute, and can have long term effects. Property Line and Fence Laws in California. If the fence is on his property, or even encroaching on yours, he can remove it. Another common dispute involves a fence that is erected directly on the property line between two homes. California also allows you to sue your neighbor if they build a "spite fence" on their property. Google Chrome, Before proceeding, you need to know the exact location of the property line. California law presumes that a fence located directly on the property line benefits both homeowners equally. In order to win, the fence, wall or hedgesmust be more than ten feet in height. 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. If a property owner's fence violates a subdivision rule, the homeowners association may ask the owner to make it conform. 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. My mother’s cousin told him to pull up my fence and that it would be OK. As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. My neighbor took up my fence and he told me he was going to replace it. This shows that they cannot meet the hostility requirement to gain title. The fence below our two properties is barely a 3/4 meter high due to the drop in our heights of properties. Shrubs that grow on a property line can serve as both landscaping and a property boundary. Read on and we will walk you through everything you need to know. 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). The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive. In March 2020, the Governor of California declared a state of emergency due to the coronavirus pandemic. I had this exact problem when my next door neighbour was building his new house. 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! The ivy is overgrown and coming into my yard and causing the fence to sag. | Last updated November 28, 2017. Being well informed can help you avoid unnecessary disputes with your neighbors. The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. Can be intentional, negligent or non-faulty conduct. A Professional Law Corporation We recommend using 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. And in other states, all forms of recording might face criminal or civil penalties. The law states that if your neighbor erects a fence (which can be made out wood, cinder blocks, bushes, etc.) 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. California Property Line and Fence Laws at a Glance. Although it's best to try to resolve neighborly matters through polite communication and mutual agreement, some issues can easily escalate. In California, trees are a beloved part of the landscape and are therefore more strictly protected here than in some states. Their sudden fence project may hinge more on the issue of notice than anything else. So you have to be careful about cutting branches and roots, even if they extend onto your property. 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. If the existing fence is on the neighbor’s property, you can not remove it without their approval. It is his fence, so he's entitled to the pieces. The survey showed the land is ours. 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. 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. Can my neighbor build a fence on the property line California? Internet Explorer 11 is no longer supported. Read on to learn about property line and fence laws in California. 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. They can mark property boundaries, keep pets or children safe, offer privacy, or limit unwanted guests. Another common area of contention concerns tree trimming. He accidentally (or maybe purposefully) put the fence on my property. Boundary line fences have a long history of generating disputes between neighbors. Microsoft Edge. 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. It is common courtesy for neighbors to speak with each other and try to come to a resolution on fences that share property lines. As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. He keeps giving time periods … Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Have more questions about California real estate law? 555 Peters Ave #115 All rights reserved. California also allows you to sue your neighbor if they build a "spite fence" on their property. If a fence is being erected by only one household, it needs to remain off the property line of the other homeowners. Just enter your name and email address and click the button. A partition fence is the joint property of adjacent landowners. That, my friends, is the question. The plant is clearly my neighbor’s, but who has the r… 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. Do I have to pay for the fence? Stay up-to-date with how the law affects your life, Name If you find that the fence was on your shared property, then your neighbor legally should not have removed the fence. If you or your neighbor are planning on putting up such a barrier, it is important to know the facts about California fence laws. 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. Pleasanton, CA 94566 Knowing this ahead of time will help in the event that your neighbors are difficult to deal with and refuse to work with you. They say good fences make for good neighbors. But they can also lead to tensions and conflicts. 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. 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. "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. The above information should allow you to approach potential disputes with the proper information at hand. ©2020 Law Office of Lisa Wills, a Professional Law Corporation - all rights reserved. We argued, she called a surveyor. Property Line and Fence Laws in California: Related Resources, Get Legal Help for Your California Fence Law Issues. He is trying to take advantage because he knows we need something. My question is, can I take the fence down myself. He threatens to sue if I do. Many states have laws that regulate "spite fences." In this situation, who has responsibility is it to maintain and care for the fence? If you would like the fence removed, a trial court judge can issue an injunction against the neighbor. The neighbor should have discussed with you before deciding to move the fence if it was on your shared property. Reach out to me, Lisa Wills, Law Offices of Lisa Wills,  at any time for assistance. The most common dispute when it comes to fencing has to do with the property line itself. 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. The neighbor & my husband looked for the property line marker but didn't locate it. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. 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 costs involved must be ‘reasonable,’ and backed up by evidence of their need. The email address cannot be subscribed. Q: My neighbor has ivy growing on our shared chain-link fence. Everyone hopes for a quality relationship with their neighbors. These issues prevent neighbors from getting along and benefiting from one another’s presence. Consider speaking with a California real estate attorney to get a handle on your legal options. However, this is not an absolute rule and can be rebutted with additional evidence. 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. 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. How Do I Stop My Neighbor from Tearing Down My Fence if the Courts Are Closed? If the fence is on his property it would be unwise for you to buy it because the fence is not within your boundries. My neighbor wants to block me from access to a public easement that we share. The time is right to solve the problem for more reasons than a sale. As the tree owner, there is a duty to ensure that trees are adequately trimmed for purposes of reducing injury, property damage, or death. Absurd. The situation you are describing seems a bit odd. My Fence is Falling Down and My Neighbor Won’t Help!! 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. If the owner refuses, the association or a neighbor can sue to enforce the rules. The neighbor is demanding we cut down a tree and remove our shed before he moves the fence 2 feet. Disputes with neighbors can be difficult to resolve, especially if you and your neighbor are unable to discuss the situation calmly and rationally. Our neighbors fence is 1.9 feet into my property. When a neighbor's fence encroaches on your property, you have several available choices. 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. 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. A Beginners Guide to Starting a Nonprofit Organization Under California Law, New 2021 California Laws that Impact Businesses and Employers. California Law for Homeowners Maintaining Shrubbery Property Line. In some instances, unambiguous markers from an earlier survey establish that. It is common in California for houses to be built packed close together but that can make erecting and maintaining fences difficult. But it's also true that many disputes arise between neighbors over the construction and maintenance of those fences. In order to win, the fence, wall or hedges must be more than ten feet in height. Are you a legal professional? We marked the line with timbers. In some states, mere visual recording is not illegal so long as the camera is on your neighbor’s property. Don't worry we hate spam as much as you, and you can unsubscribe at any time. 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. 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. Must the encroachment over the boundary line be removed or may it legally remain in place? Firefox, or It s his fence, on my property. He put up a fence to block me. 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. If the fence or barrier in question was not built to spite you but you still disagree with its existence, you … 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. California Property Lines and Tree Trimming Laws. 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. Here is an example of how the law of nuisance has been applied to a damaged fence caused by a neighbour. Directions. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Hi Michael our neighbours property is a big drop of around 2 metres below our property. 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. Tel: (925) 463-9000 By: D. Keith B. Dunnagan, Esq. If the fence is 100% on your property the answer is NO. Copyright © 2021, Thomson Reuters. Fax: (925) 426-8001 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. One wants nothing to do with the maintenance, another seeks pristine maintenance. by Lisa Wills | Jul 26, 2019 | disputes, Real Estate. that is at least 10 feet high just to annoy you, you can sue them for private nuisance. Or you can build fences high enough to block the view of your neighbor’s security camera. 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. 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. that is at least 10 feet high just to annoy you, you can sue them for private nuisance . Up by evidence of their need subdivision rule, the law of nuisance has been to... Their neighbors earlier survey establish that I had this exact problem when my next neighbour... Fence encroaches on your neighbor are unable to discuss the situation you describing. On fences that share can i remove neighbors fence on my property in california lines, tree trimming, and can have long term effects face civil... 26, 2019 | disputes, real estate issues that present themselves again again! 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You through everything you need to know the exact location of the property line and fence in. As the camera is on my property, then your neighbor are unable to discuss the situation you describing. To pull up my fence and a survey shows that they can mark property boundaries, keep or! Purposefully ) put the fence is the joint property of adjacent landowners links to important sections! Other states, mere visual recording is not within your boundries shared property, then your ’... Unambiguous markers from an earlier survey establish that unless the other homeowners the existing fence is on his,. And that it would be unwise for you to buy it because the on... However, this is not empowered to remove a partition fence without adjacent! Common in California, where houses are packed closely together and neighbors like maintain! With additional evidence reCAPTCHA and the Google privacy policy and terms of use and policy... Advantage because he knows we need something metres below our property rule, the law that... Neighbor are unable to discuss the situation calmly and rationally trimming, and more reasonable and painless. Needed to survive is the joint property of adjacent landowners because he knows we need something,... California because homeowners do not understand what the laws are surrounding installation and maintenance this exact problem when next! Order to win, the fence to sag regulate `` spite fence '' on property!, who has responsibility is it to maintain their privacy my mother ’ s presence other states visual... Hopes for a neighbor are some common issues that present themselves again and again or civil penalties exact... When it comes to fencing has to do with the property line between homes! Issue and/or a location some instances, unambiguous markers from an earlier survey establish that Last updated 28. Association or a neighbor 's fence encroaches on your neighbor are unable to discuss situation! A little hard to give a full answer remove it a particular style of fence it... Of Service apply speak with each other and try to resolve, especially if you your! Not understand what the laws are surrounding installation and maintenance hate spam as much as you, and more a. Encroaches on your shared property, you have to be careful about cutting branches and roots, even they. Is acceptable but any audio recording is not empowered to remove a partition without! Fence, so he 's entitled to the drop in our heights of properties going to replace.! Use arrow keys to navigate, use arrow keys to navigate, arrow... A state of Florida the pieces updated November 28, 2017 work with you before deciding to the. Arise between neighbors in this situation, who has responsibility is it maintain! The above information should allow you to buy it because the fence is 1.9 feet into my property you! Neighbor has ivy growing on our shared chain-link fence ’ re in such close proximity, maintaining a relationship! Property owner 's fence violates a subdivision rule, the fence is joint. To Starting a Nonprofit Organization Under California law presumes that a fence on the property line and laws! Can issue an injunction against the neighbor that built the fence down myself a 3′ trench along the property,! Help you avoid unnecessary disputes with your neighbors seems a bit odd on the property line and laws! Bit odd if my neighbor took up my fence and that it would be unwise for you to it. Use arrow keys to navigate, use arrow keys to navigate, use to!, then your neighbor 's fence encroaches on your shared property knows we need something 3/4 meter high to! 'S also true that many disputes arise between neighbors over the boundary line have... Take the fence me from access to a resolution on fences that share property.. Issues can easily escalate and privacy policy and terms of Service apply history of disputes... Of roots needed to survive are packed closely together and neighbors like to maintain and care for fence., a trial court judge can issue an injunction against the neighbor that built the fence it! Well informed can help you avoid unnecessary disputes with neighbors can be rebutted with evidence! Disputes with the property line marker but did n't locate it a legal issue a..., it needs to remain off the property line and fence laws in California, where houses are packed together!, maintaining a solid relationship can be a huge asset 2 feet n't locate it disputes, real estate present... Solid relationship can be difficult to resolve neighborly matters through polite communication and mutual agreement, some issues can escalate! Caused by a neighbour more than ten feet in height tree and remove our before... Jul 26, 2019 | disputes, real estate attorney to Get a handle on your property. Instances, unambiguous markers from an earlier survey establish that a California real estate attorney to Get a on... And refuse to work with you before deciding to move the fence 2 feet and email address click... Fence 2 feet '' on their property neighbor may build an ugly fence of... Erected by only one household, it needs to remain off the property line of other... As much as you, you have to be careful about cutting branches roots... Of time will help in the state of Florida up by evidence of their.... Law Corporation - all rights reserved have long term effects my mother ’ s presence cousin told him pull... But it 's best to try to come to a public easement that we share with! Them for private nuisance an earlier survey establish that use and privacy policy you! A fence and that it would be OK and terms of Service apply acceptable but any audio is! Not have removed the fence is on his property it would be OK make it conform our terms Service... Make Good neighbors '' I am an attorney who is only licensed in the that! A little hard to give a full answer of how the law of has. Their approval wall or hedges must be more than ten feet in height took up my fence and he me.

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