Can be intentional, negligent or non-faulty conduct. As the tree owner, there is a duty to ensure that trees are adequately trimmed for purposes of reducing injury, property damage, or death. 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. We argued, she called a surveyor. California Property Line and Fence Laws at a Glance. Being well informed can help you avoid unnecessary disputes with your neighbors. The plant is clearly my neighbor’s, but who has the r… In some instances, unambiguous markers from an earlier survey establish that. Are you a legal professional? Our neighbors fence is 1.9 feet into my property. He put up a fence to block me. 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. If you find that the fence was on your shared property, then your neighbor legally should not have removed the fence. In this situation, who has responsibility is it to maintain and care for the fence? If the owner refuses, the association or a neighbor can sue to enforce the rules. Not knowing what they are trying to attach to your fence makes it a little hard to give a full answer. 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. Property Line and Fence Laws in California. We marked the line with timbers. My neighbor constructed a fence on the property line dividing the land. 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. Before proceeding, you need to know the exact location of the property line. California Property Lines and Tree Trimming Laws. Directions. You don't have any right or obligation to rebuild the fence on his property. that is at least 10 feet high just to annoy you, you can sue them for private nuisance . California Law for Homeowners Maintaining Shrubbery Property Line. This is no less true in California, where houses are packed closely together and neighbors like to maintain their privacy. If the fence is on his property, or even encroaching on yours, he can remove it. "Good fences make good neighbors" I am an attorney who is only licensed in the State of Florida. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Property Line and Fence Laws in California: Related Resources, Get Legal Help for Your California Fence Law Issues. Visit our professional site », Created by FindLaw's team of legal writers and editors There are a lot of disputes around fences in California because homeowners do not understand what the laws are surrounding installation and maintenance. The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. One wants nothing to do with the maintenance, another seeks pristine maintenance. My neighbor wants to block me from access to a public easement that we share. California also allows you to sue your neighbor if they build a "spite fence" on their property. A Professional Law Corporation 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. She then went ahead and put her landscaping in an area we thought was ours. After all, when you’re in such close proximity, maintaining a solid relationship can be a huge asset. Read on to learn about property line and fence laws in California. that is at least 10 feet high just to annoy you, you can sue them for private nuisance. The above information should allow you to approach potential disputes with the proper information at hand. The email address cannot be subscribed. Another common dispute involves a fence that is erected directly on the property line between two homes. If a property owner's fence violates a subdivision rule, the homeowners association may ask the owner to make it conform. 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. However, this is not an absolute rule and can be rebutted with additional evidence. 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. I had this exact problem when my next door neighbour was building his new house. 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. 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. Fences serve many purposes. The survey showed the land is ours. He threatens to sue if I do. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In other states, visual recording is acceptable but any audio recording is not. If the fence or barrier in question was not built to spite you but you still disagree with its existence, you … Absurd. As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. They can mark property boundaries, keep pets or children safe, offer privacy, or limit unwanted guests. Disputes with neighbors can be difficult to resolve, especially if you and your neighbor are unable to discuss the situation calmly and rationally. Monty’s Answer: Surveyors can sometimes make mistakes, and neighbors place fences in the wrong place more often than one would think. Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. Fences are a common property dispute, and can have long term effects. Read on and we will walk you through everything you need to know. 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. 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. How Do I Stop My Neighbor from Tearing Down My Fence if the Courts Are Closed? 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. If the fence is 100% on your property the answer is NO. One neighbor wants to change the location, another wants a particular style of fence. Hi Michael our neighbours property is a big drop of around 2 metres below our property. Have more questions about California real estate law? That, my friends, is the question. The time is right to solve the problem for more reasons than a sale. 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