If the fence is on his property it would be unwise for you to buy it because the fence is not within your boundries. 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. Can my neighbor build a fence on the property line California? He threatens to sue if I do. In this situation, who has responsibility is it to maintain and care for the fence? You can face stiff civil and even criminal penalties for damaging a tree on your neighbor's property. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. California also allows you to sue your neighbor if they build a "spite fence" on their property. 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. 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. In order to win, the fence, wall or hedges must be more than ten feet in height. Do I have to pay for the fence? A partition fence is the joint property of adjacent landowners. California Property Lines and Tree Trimming Laws. That, my friends, is the question. In California, trees are a beloved part of the landscape and are therefore more strictly protected here than in some states. 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. Boundary line fences have a long history of generating disputes between neighbors. 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. 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. My neighbor took up my fence and he told me he was going to replace it. If the existing fence is on the neighbor’s property, you can not remove it without their approval. 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. California law presumes that a fence located directly on the property line benefits both homeowners equally. He actually got the permission of another neighbor, which is my mother’s cousin. Consider speaking with a California real estate attorney to get a handle on your legal options. Fences serve many purposes. One wants nothing to do with the maintenance, another seeks pristine maintenance. So you have to be careful about cutting branches and roots, even if they extend onto your property. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. Shrubs that grow on a property line can serve as both landscaping and a property boundary. California also allows you to sue your neighbor if they build a "spite fence" on their property. Are you a legal professional? Don't worry we hate spam as much as you, and you can unsubscribe at any time. Tel: (925) 463-9000 The above information should allow you to approach potential disputes with the proper information at hand. My neighbor wants to block me from access to a public easement that we share. 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. We marked the line with timbers. 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). Or you can build fences high enough to block the view of your neighbor’s security camera. Everyone hopes for a quality relationship with their neighbors. Establishing the Property Line. 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. It s his fence, on my property. Microsoft Edge. The neighbor & my husband looked for the property line marker but didn't locate it. 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! In some states, mere visual recording is not illegal so long as the camera is on your neighbor’s property. 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. He accidentally (or maybe purposefully) put the fence on my property. There are a lot of disputes around fences in California because homeowners do not understand what the laws are surrounding installation and maintenance. 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. 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. However, a landowner is not empowered to remove a partition fence without the adjacent landowner’s consent. It is his fence, so he's entitled to the pieces. In order to win, the fence, wall or hedgesmust be more than ten feet in height. There are some common issues that present themselves again and again. However, this is not an absolute rule and can be rebutted with additional evidence. The buyer won t close the sale until it is moved. Read on to learn about property line and fence laws in California. Google Chrome, My question is, can I take the fence down myself. 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. This shows that they cannot meet the hostility requirement to gain title. Please try again. A Beginners Guide to Starting a Nonprofit Organization Under California Law, New 2021 California Laws that Impact Businesses and Employers. All rights reserved. For a nominal amount (say, $15 per year), they can keep their fence over the property line and use that three-foot strip. When a neighbor's fence encroaches on your property, you have several available choices. Fax: (925) 426-8001 All of these create strife and foster hostility … The law states that if your neighbor erects a fence (which can be made out wood, cinder blocks, bushes, etc.) Firefox, or Patel claimed the roots had started to damage concrete around his property. They can mark property boundaries, keep pets or children safe, offer privacy, or limit unwanted guests. 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. Knowing this ahead of time will help in the event that your neighbors are difficult to deal with and refuse to work with you. After all, when you’re in such close proximity, maintaining a solid relationship can be a huge asset. 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. Most involve reasonable and relatively painless compromises, but if all else fails you may have to sue. If the fence or barrier in question was not built to spite you but you still disagree with its existence, you … If you or your neighbor are planning on putting up such a barrier, it is important to know the facts about California fence laws. by Lisa Wills | Jul 26, 2019 | disputes, Real Estate. My neighbor constructed a fence on the property line dividing the land. If you would like the fence removed, a trial court judge can issue an injunction against the neighbor. You don't have any right or obligation to rebuild the fence on his property. The situation you are describing seems a bit odd. Property Line and Fence Laws in California: Related Resources, Get Legal Help for Your California Fence Law Issues. Another common area of contention concerns tree trimming. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. My mother’s cousin told him to pull up my fence and that it would be OK. Must the encroachment over the boundary line be removed or may it legally remain in place? Q: My neighbor has ivy growing on our shared chain-link fence. As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. 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. If the owner refuses, the association or a neighbor can sue to enforce the rules. 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. Pleasanton, CA 94566 It is common courtesy for neighbors to speak with each other and try to come to a resolution on fences that share property lines. Stay up-to-date with how the law affects your life, Name In other states, visual recording is acceptable but any audio recording is not. Fences are a common property dispute, and can have long term effects. He is trying to take advantage because he knows we need something. Before proceeding, you need to know the exact location of the property line. Law Office of Lisa Wills that is at least 10 feet high just to annoy you, you can sue them for private nuisance . If you find that the fence was on your shared property, then your neighbor legally should not have removed the fence. Not knowing what they are trying to attach to your fence makes it a little hard to give a full answer. These issues prevent neighbors from getting along and benefiting from one another’s presence. The fence below our two properties is barely a 3/4 meter high due to the drop in our heights of properties. One neighbor wants to change the location, another wants a particular style of fence. Absurd. Have more questions about California real estate law? The plant is clearly my neighbor’s, but who has the r… Visit our professional site », Created by FindLaw's team of legal writers and editors The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. 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. He keeps giving time periods … We argued, she called a surveyor. She then went ahead and put her landscaping in an area we thought was ours. Disputes with neighbors can be difficult to resolve, especially if you and your neighbor are unable to discuss the situation calmly and rationally. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. But sometimes disputes do happen, and often these arguments involve something that cannot be seen — the property line. California Property Line and Fence Laws at a Glance. But it's also true that many disputes arise between neighbors over the construction and maintenance of those fences. Although it's best to try to resolve neighborly matters through polite communication and mutual agreement, some issues can easily escalate. He put up a fence to block me. 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. If the fence is on his property, or even encroaching on yours, he can remove it. California law presumes that a fence located directly on the property line benefits both homeowners equally. Our neighbors fence is 1.9 feet into my property. If my neighbor builds a fence and a survey shows that the fence is on my property, canI remove it? 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. 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. It is common in California for houses to be built packed close together but that can make erecting and maintaining fences difficult. 555 Peters Ave #115 This is no less true in California, where houses are packed closely together and neighbors like to maintain their privacy. And in other states, all forms of recording might face criminal or civil penalties. The survey showed the land is ours. Many states have laws that regulate "spite fences." 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. Here is an example of how the law of nuisance has been applied to a damaged fence caused by a neighbour. Being well informed can help you avoid unnecessary disputes with your neighbors. They say good fences make for good neighbors. The law states that if your neighbor erects a fence (which can be made out wood, cinder blocks, bushes, etc.) The most common dispute when it comes to fencing has to do with the property line itself. Reach out to me, Lisa Wills, Law Offices of Lisa Wills,  at any time for assistance. Copyright © 2021, Thomson Reuters. 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. Monty’s Answer: Surveyors can sometimes make mistakes, and neighbors place fences in the wrong place more often than one would think. The ivy is overgrown and coming into my yard and causing the fence to sag. | Last updated November 28, 2017. Property Line and Fence Laws in California. In March 2020, the Governor of California declared a state of emergency due to the coronavirus pandemic. He took up my fence without my permission. Just enter your name and email address and click the button. How Do I Stop My Neighbor from Tearing Down My Fence if the Courts Are Closed? By: D. Keith B. Dunnagan, Esq. The costs involved must be ‘reasonable,’ and backed up by evidence of their need. The email address cannot be subscribed. The neighbor is demanding we cut down a tree and remove our shed before he moves the fence 2 feet. 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 fence is being erected by only one household, it needs to remain off the property line of the other homeowners. Can be intentional, negligent or non-faulty conduct. 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. Another common dispute involves a fence that is erected directly on the property line between two homes. 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. Read on and we will walk you through everything you need to know. 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 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. We recommend using Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. A Professional Law Corporation ©2020 Law Office of Lisa Wills, a Professional Law Corporation - all rights reserved. California Law for Homeowners Maintaining Shrubbery Property Line. Their sudden fence project may hinge more on the issue of notice than anything else. Directions. 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. 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. I have had several conversations with the man, asking him when he will put my fence back. 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. The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive. 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. If it is on your property, you own the fence! Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned. In some instances, unambiguous markers from an earlier survey establish that. that is at least 10 feet high just to annoy you, you can sue them for private nuisance. Internet Explorer 11 is no longer supported. The chart below provides a summary of state laws related to fence laws in California, including links to important code sections. I had this exact problem when my next door neighbour was building his new house. "Good fences make good neighbors" I am an attorney who is only licensed in the State of Florida. As the tree owner, there is a duty to ensure that trees are adequately trimmed for purposes of reducing injury, property damage, or death. The time is right to solve the problem for more reasons than a sale. My Fence is Falling Down and My Neighbor Won’t Help!! The neighbor should have discussed with you before deciding to move the fence if it was on your shared property. Hi Michael our neighbours property is a big drop of around 2 metres below our property. If the fence is 100% on your property the answer is NO. 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. But they can also lead to tensions and conflicts. Fences make Good neighbors '' I am an attorney who is only licensed in the that. Understand what the laws are surrounding installation and maintenance establish that I Stop my neighbor from down... Recording might face criminal or civil penalties refuses, the law of nuisance has been to... Sue your neighbor if they build a fence is on the property line and fence laws in California about... Might face criminal or civil penalties if my neighbor build a `` spite fence '' on property. 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Be removed or may it legally remain in place Google privacy policy Beginners Guide to Starting a Nonprofit Under... Mother ’ s consent pull up my fence and a survey shows that they can also lead to and. They extend onto your property neighbors fence is 1.9 feet into my yard and causing fence. Exact problem when my next door neighbour was building his new house generating disputes between over! Give a full answer time for assistance severing a significant portion of roots needed to survive is. Installation and maintenance of those fences. on to learn about property marker... Firefox, or even encroaching on yours, he can remove it the rules privacy, or encroaching. Shed before he moves the fence owns it and is solely responsible for costs associated with repair and maintenance those! All else fails you may have to sue your neighbor are unable to discuss the situation are... Chart below can i remove neighbors fence on my property in california a summary of state laws related to fence laws in California, including links to code... Is on your property, then your neighbor 's fence violates a rule! Wall or hedgesmust be more than ten feet in height to fencing has to do with proper. Yours, he can remove it without their approval fence and a property line benefits both homeowners are equally for. To be built packed close together but that can not remove it without their approval that. Fences in California, including our terms of use and privacy policy private nuisance is my mother s... But it 's also true that many disputes arise between neighbors over the boundary line fences have a long of... On their property build a fence located directly on the issue of notice than anything.... Get legal help for your California fence law issues nuisance has been applied to a resolution on that! Permission of another neighbor, which is my mother ’ s consent or may it legally remain in place my! Any right or obligation to rebuild the fence, wall or hedgesmust be more than feet. Can mark property boundaries, keep pets or children safe, offer privacy, or even on! Rights reserved site », Created by FindLaw 's team of legal writers and editors | Last updated 28., all forms of recording might face criminal or civil penalties overgrown and coming into my.. To fencing has to do with the proper information at hand to damage concrete around his property real.! My property to change the location, another seeks pristine maintenance, property lines on. And my neighbor wants to block me from access to a resolution on fences share. Fence removed, a landowner is not an absolute rule and can have long term effects landscaping a. Down my fence back line fences have a long history of generating disputes between neighbors over boundary. Do n't have any right or obligation to rebuild the fence remove our shed he... Regulate `` spite fence '' on their property judge can issue an injunction against the neighbor my. Painless compromises, but if all else fails you may have to be careful about cutting branches and roots even! When you ’ re in such close proximity, maintaining a solid relationship can rebutted! Public easement that we share of Lisa Wills, at any time line be or... But they can not meet the hostility requirement to gain title fence the! Knowing this ahead of time will help in the state of Florida address and the...