Results 1 to 2 of 2
  1. #1
    Join Date
    Jul 2007

    Default Civil Code 841.4 in California

    The fence I shared with a neighbor needs replacement because his negligence caused the fence to fall flat. The previous fence was a 5ft tall wood fence. Above that we had nice views of surrounding hills for which we had paid extra as a “view lot”. Now my neighbor wants to replace the fence with an expensive vinyl fence that is 6 ft tall. At that height, we would lose the nice view.
    (1) Can I invoke California Civil Code 841.4 (what exactly is its wording?) and have a court enjoin him from building a fence that high? If he did anyway, can I sue for damages?
    (2) Does his negligence causing the need for replacement make him accountable for more than the usual 50%?
    (3) He has two dogs that are allowed to roam freely. Since our backyard is now wide open, we have a lot of anxiety of what the dogs will do. In the past, they have dug holes under the fence, come into our yard, dropped feces, damaged expensive bird of paradise plants, and frightened my wife by peering through the patio door at night. What do we do about this issue?

    Thanks to anyone who can help us with these issues.

  2. #2
    Join Date
    Mar 2005

    Default Re: Civil Code 841.4 in California

    Check local zoning and land use regulations to see what restrictions exist on fence height. Also, is your lot enclosed (assuming this fence is repaired or replaced)?
    Quote Quoting California Civil Code § 841.4.
    Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. Any owner or occupant of adjoining property injured either in his comfort or the enjoyment of his estate by such nuisance may enforce the remedies against its continuance prescribed in Title 3, Part 3, Division 4 of this code.

    1. Sponsored Links

Similar Threads

  1. Shared Fence Lines - California Civil Code, Sec. 841.2
    By shamzie in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 06-27-2008, 08:32 PM
  2. Legal Research: Researching California Civil Code 841.2
    By shamzie in forum Legal Practice
    Replies: 1
    Last Post: 06-27-2008, 07:27 PM
  3. Foreclosure: California Civil Code 1542
    By rlucky in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 06-09-2008, 08:38 PM
  4. Retail Fraud / Shoplifting: Civil Demand Letter - California Penal Code 490.5
    By bluekitti9 in forum Criminal Charges
    Replies: 2
    Last Post: 04-16-2008, 12:01 PM
  5. Legal Research: Researching The California Civil Code
    By muttal_88 in forum Legal Practice
    Replies: 2
    Last Post: 07-11-2007, 07:03 AM
Sponsored Links

Legal Help, Information and Resources