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  1. #1
    Join Date
    Jul 2007
    Posts
    11

    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.
    Muttal_88

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    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.

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