Legal Question in Real Estate Law in California
Dispute over fence ownership and rights to a view
I am in a dispute with a real estate investor selling a home adjacent to my home. She cut down a fence from 6' to 4' separating our backyards (residential subdivision.) There are no obvious boundary markers except for the fences to each side are in a straight line coincident with this fence. I claim this fence provides me with substantial privacy and protection. She claims that the lowered fence improves the view/value. The 6? fence has existed for 15 years, 5 of which we owned our home. She bought the home with the intention of selling it from the original owners whom have passed away. I have begun to repair the fence at my own cost back to the original 6'. Her attorney has threatened me with ''several thousands of dollars'' in damages, several suits and other court orders based first on the premise that I ?m erecting a 'spite' fence, and now on the theory of trespass and intentionally blocking the view. The previous owners of my home have not indicated one way or the other whether they helped to build the fence. The home is in escrow and I have notified the selling agent's managing broker of the dispute. The client's attorney is now claiming that I am intefering in the sale. Who is entitled to raise/lower the fence?
2 Answers from Attorneys
Re: Dispute over fence ownership and rights to a view
The area needs to be researched. You should hire an attorney now.
Joel Selik
www.4thelaw.com
800-894-2889
Attorney and CA Licensed Real Estate Broker
Re: Dispute over fence ownership and rights to a view
The fence would not come under the statute declaring certain spite fences a private nuisance, Civil Code section 841.4 (fences exceeding ten feet without a valid reason, etc.).
Whether decapitating the old fence was a trespass or not would require research as to its location, who built it and who has maintained it. This is probably not worthwhile. However, it seems rather clear that you are within your rights to construct a new fence or a fence addition on your side of the boundary line, so long as it does not exceed ten feet or violate any local ordinance, zoning restriction, CC&R or private agreement between any prior owner of your parcel and any prior owner of the other parcel.
If you are served with a summons and complaint, get immediate legal representation and have an answer filed to avoid a default, of course.
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