One neighbor is not allowed to trim the boundary tree or trees in a way that would impact the health of the tree. If you have a boundary tree or trees with your neighbor, then there are some other possible disputes similar to disputes over fences that might arise. If the two neighbors cannot come to an agreement on their own, they might have to go to court to prove where the boundary is legally. In some cases, two neighbors might have different ideas of where the property line is leading to an argument over the placement of the fence. Placement of Fenceĭespite the clear law, there are some common fence disputes. Here are some common fence disputes that arise when residents think about building a " Good Neighbor Fence". Need some privacy in your backyard? Get some inspiration from our privacy fence ideas blog post. Fence laws in California will not allow one neighbor to build a fence just to anger or frustrate another neighbor. This can start with simply communicating with your neighbor using an outside mediator and eventually end up with hiring a real estate attorney and heading to small claims court. Many times, spite fence arguments between property owners are resolved using outside intervention. California civil code defines a spite fence as “any fence or other structure in the nature of a fence unnecessarily exceeding ten feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance.” A spite fence is when a neighbor builds a fence in spite of another neighbor. The same section of law that talks about fence ownership also explains what a "spite fence” is. Just because they want a prettier fence doesn’t mean you have to pay part of it if there is already a fence there that is in good shape. Another is that the fence is being replaced because of the personal taste of one neighbor. In that case, the fence would be the responsibility of the homeowner who built it because it is wholly on their land. Another exception is if the fence is not actually on the property line. Another scenario where a court could overrule the law is if one neighbor can prove that the cost would be too much of a financial hardship for them. The costs have to be reasonable, so if the plan is unreasonably expensive or elaborate you will not be forced to pay half. There are exceptions to the Good Neighbor Fence Act. The notice must include a description of the proposed fence, a proposed division of costs, a proposed timeline for the project and an invitation to discuss the project.Įxceptions to the Good Neighbor Fence Act The law says you must notify your neighbor with a written notice 30 days in advance of the project. If you are planning to install a boundary fence with a neighbor, you must comply with the law by communicating your plan with your neighbor in the correct way. Each will pay an equal share of costs including getting the new fence installed, maintenance of a fence, and replacing it when the time comes. However, it also means if your neighbor wants to get a new fence, you will be paying half the costs. So, if you want to get a new fence on a boundary line with a neighbor you will most likely both have equal responsibility for the cost of the fence. The Good Neighbor Fence Act of 2013 states: “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.” The gist of the law is that since both parties are benefiting from having the boundary fence, there will be cost sharing with each neighbor responsible for half the costs. This will help you to understand what you and your neighbor are legally responsible for regarding your shared fence. ![]() If you have a fence that is on a boundary line with a neighbor, then you should know about the California Good Neighbor Fence law. What is the California Good Neighbor Fence Act? These include laws about fences on shared property lines, fence height, and necessary permits. Are you looking to get a new fence installation in California? If you are a homeowner in California, it is important to be familiar with the laws related to new fences and home improvement projects in the state.
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