Property Line and Fence Laws in California

Property line and fence laws in California serve to resolve disputes and define responsibilities among neighbors, such as the California Good Neighbor Fence Law.

Many property disputes and legal actions start where property boundaries end. Just because neighbors build fences doesn’t mean they agree about what the fence should look like or who should pay for it. Some of the worst disputes arise over where exactly the fence belongs.

The California Good Neighbor Fence Law provides extensive legal guidance for neighbors when they survey and build a new fence. The laws cover height, design, and tree trimming along with fence laws. State laws can intersect with county and city ordinances and even HOA rules. Property owners should review the state laws before building any fencing on their property line.

California Property Line and Fence Laws

When homeowners buy a new house, the deed contains a property description that includes the exact boundaries of the property. The property line is set according to surveyor’s marks known as metes and bounds, fixed landmarks and compass points that detail the size and shape of the property.

A shared fence is one that sits directly on the property line between adjoining properties. California law presumes that both parties benefit equally from the shared fence, and therefore both owners are responsible for the costs of maintenance and upkeep. The law also presumes that if the fence needs replacing, both owners should contribute equally to the cost of replacement.

Not all good fences make good neighbors. Fence disputes arise over the placement, material, and cost of a new fence. The Good Neighbor Fence Act attempts to create a framework for avoiding legal issues before they come up. The fence law presumes that neighbors will build fences on the boundary line between their properties, and that both sides will benefit from the construction.

If one property owner decides they need a new fence, the first step is providing written notice to the neighbor outlining the details. If the fence sits on the shared property line, both parties must agree on the details. The written notice must contain:

• The proposed description of the fence, including the height, exact location, and materials
• The approximate fence costs, and proposed split between the parties
• A proposed start date for construction
• Both parties’ contact information

The notice acts as a contract between the parties. The parties must have a written agreement before construction begins on the new fence. If one party does not agree to the terms, the other neighbor may need to move the fence or pay all costs themselves.

Building Codes and Maintenance Costs

California civil codes set basic guidelines, but counties and cities write regulations for height, materials, and other restrictions within their limits. Before removing the existing fence and starting on a new one, neighbors should review their city code and homeowner’s association (HOA) guidelines.

• Fence height: In general, you can have a four-foot fence in front and up to six feet in back of the house. Sacramento limits front yards to 3.5 feet. Agricultural property may have higher fencing, but may also require use permits.
• Fencing material: Metal, polyvinyl, and wood fences are generally permitted. Chain-link and barbed wire are not permitted in residential areas. Some cities, like San Francisco, may require special materials in historic districts.
• Appearance: The city or county can demand that your fence to meet certain aesthetic standards. HOAs can require new fence installation to match existing fencing regarding color, patterns, or materials. Always check your CC&Rs and local regulations before beginning the installation of your new fence.

California law gives both property owners equal responsibility for upkeep of the fence if it is on their shared property. If one owner refuses to pay for the installation, the other owner may need to pay for all fence maintenance.

Spite Fences

A spite fence is one that is unnecessarily tall and built specifically to annoy or harass the neighbors. California defines a spite fence as one more than ten feet high maintained for the purpose of annoying the owner of the adjacent property.

A spite fence is a private nuisance. The adjoining landowner has a legal right of action against the builder of the fence.

California Property Lines and Tree Trimming Laws

Tree trimming can cause nearly as many neighborhood arguments as fences. Issues stemming from overhanging branches, dropped fruit, leaves in the gutters, and spreading roots can set a neighborhood on edge. As a result, California has laws addressing the encroachment of trees across the property line.

Homeowners may not trim any part of a tree that is not on their own property. You can trim a branch hanging over your fence, but only up to your property line. In general, you may not:

• Enter the neighbor’s property to trim the tree
• Cut or trim the tree in a way that could harm or kill it
• Girdle or strip bark from a tree, including a shared tree trunk

Before you or your neighbor trim upper branches, contact the power company if any of the limbs are in contact with power lines. In a similar vein, call the water and gas companies before uprooting a tree or grinding the roots to avoid disrupting service. This is very important if a root has become wrapped around a pipe.

Get Legal Advice From a California Real Estate Attorney

Fence construction and other property line disputes can erupt into litigation despite everyone’s best intentions. If you’re having issues settling your boundary argument with your neighbor, discuss your options with a California real estate attorney.