California Boundary Fence Law

**sd_ducksoup** · 08-16-2006, 06:21 PM

My neighbor's 45 year-old wood fence was crumbling and I was relandscaping my back yard. I offered (and she accepted) to pay to remove her fence, which was entirely on her property next to the boundary, and install a new vinyl fence on the property line. She is only paying for her new gate. As my fencing contractor started work, she started harping that it wasn't on the property line, even though the 5 inch posts obviously line up with the survey marker in the sidewalk and the end fence post that had never faltered in its 45 year life.

What constitutes the boundary fence being "on the property line"? Must all the fence panels fall directly on the property line? Is there any "wiggle room" allowed for the panels or posts? She wants to get a surveyor out to check the line; if the line is correct and intersects the posts, but the fence panels are plus or minus an inch off line, what must be done, if anything?

Thanks in advance!

**Mr. Knowitall** · 08-16-2006, 07:48 PM

You would need to check your local zoning ordinances to see if you can put a fence right on the property line or if it must be set back from the line. Also, it may well have been a favor to your neighbor to pay for removing the old fence, but she doesn't have to let you put the new one up, in whole or in part, on her side of the property line.

**sd_ducksoup** · 08-17-2006, 09:34 AM

Thank you. Regarding my neighbor's permission, she already gave permission to remove her fence AND put the new fence on the property line. I offered to install entirely on my side, leaving her old fence and gate intact. She accepted the removal offer and agreed to the boundary fence and installation of a matching gate.

Her dispute is with where the property line appears to her to intersect the fence posts, so that's why I asked the questions.

**Mr. Knowitall** · 08-17-2006, 11:28 AM

Her permission isn't relevant to zoning - if your zoning ordinances require a setoff, they govern where the fence is properly placed. I think she's made clear that she wants every part of the fence on your side of the property line, so that seems to be as far as her permission will carry you.

**sd_ducksoup** · 08-17-2006, 01:10 PM

Quoting Mr. Knowitall

Her permission isn't relevant to zoning - if your zoning ordinances require a setoff, they govern where the fence is properly placed. I think she's made clear that she wants every part of the fence on your side of the property line, so that seems to be as far as her permission will carry you.

Thanks for all your help!

Zoning is not the issue; there is no setoff requirement from the property line for fences. Many residences here have boundary fences.

She may be "clear" NOW about the fence, but she originally accepted my proposal for the boundary fence. I specifically described the differences between a boundary and separate fences, the associated costs, and legal burdens. With her approval, I entered into the contract to build the boundary fence. What then constitutes "permission" for a project like this? Her objections only came to light when the project was partially completed. Do I have no recourse?

**Mr. Knowitall** · 08-17-2006, 01:57 PM

Entry into her land is by permission; she revoked her permission before the fence was constructed. Had she done so afterward you would have a legal case for keeping the fence there anyway, due to your reliance on her permission and the cost of moving the fence, but in advance of its construction I don't know of any reason why she can't simply change her mind.

**sd_ducksoup** · 08-17-2006, 03:05 PM

Thank you for an interesting view into all of this!

The compromise, as of literally right now, is that she is willing to pay the contractor to move some of the posts and fence completely onto my property. Hopefully this will be done in a manner that will appease her, and, since it will now be placed where it would have been had she originally opted for separate fences, maybe we can all get along...