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  1. #1
    Join Date
    May 2010
    Posts
    1

    Default Replacing a Property Line Fence in California

    I cannot figure out how to start a new thread in spite of reading the rules for this site. My question is related to a fence I wish to build. I've had a lot of issues with a neighbor over the fence line. Last year when I clear brushed I found he had encroached on my property by at least fifteen feet. After several problems involving law enforcement he moved the fence and it appears to be on the line. It is a crap fence and I wish to put up a new one. Of course it is my expense. Meanwhile he is telling me I have to put it six inches on my side. I cannot find this in California code. Does anyone know what California codes are regarding this?

  2. #2
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    395

    Default Re: Replacing a Property Line Fence in California

    Civil Code §841. Coterminous owners are mutually bound equally to maintain:
    1. The boundaries and monuments between them;
    2. The fences between them, unless one of them chooses to let his
    land lie without fencing; in which case, if he afterwards incloses
    it, he must refund to the other a just proportion of the value, at
    that time, of any division fence made by the latter.



    The law presumes that you will build your fence on the property line. Unless you think that you will need to access the other side of the fence for maintenance purposes and wouldn't have access to do so without building back from the line, build on the line. If you think you will need to access the other side for maintenance, 6" will hardly afford that room. 3' would be more realistic.

    My advice, 1st, if you don't already have a reliable survey performed by a licensed surveyor, with iron pipe (or similar) corner/line markers in place, get one.

    2nd, if you don't already have a reliable survey... I already said that, but it bears repeating. If you build your fence in the wrong place, you will create more problems than you already have. Ensure that you build the fence according to a properly surveyed line.

    3rd, choose a relatively maintenance free fencing material and then build the fence as nearly on the line as you are able. To minimize any potentially legitimate grumbling by your neighbor, you may want to place the far edge, or face of the fence as nearly as possible on the line rather than the centerline of the fence.

    Hope this helps.

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