Legal Question in Real Estate Law in California
fence extention on a common wall
Can you help? Our neighbor decided to extend the common property line fence. The fence is block wall and she extended it with chain link and ladice on her side. We check with the city and they indicated she only needed a variance (no permit). We found out the city gave a varianc after it was constructed and it doesn't meet code. We have gone to 3 meetings with the city and they agreed the fence is not completely according to code and they won't admtt the variance was issued after the fact. They are trying to white wash this because the lady who ownes the house is elderly. This matter is now with the cities lawyers and they won't decuss it until their lawyers get back to them. Are there any prior court cases related common area, spite cases, uglyness cases and we feel this will devalue our property. We are not mean people and we have lived next to her 30 years. This fence does involve another neighbor to the side of her who is also concerned. What type of lawyer should we contact relating to this situation to get advise. We checked the cities around us and they have laws related to the use of common area. Each said before it can be used the neighbors withing 300 feet must be contacted and agree to any changes.
2 Answers from Attorneys
Re: fence extention on a common wall
Was it extended upward or longitudinally? There is a spite fence statute on the books that limits fences to ten feet unless there is good reason for the extra height.
Boundary fences are generally held to be owned by both neightbors as tenants in common. Either neighbor may, therefore, make modifications and repairs which are otherwise legal.
Your city or county may have local ordinances that go beyond state law, but I am not in any position to advise you on local matters. This would include the "neighbors within 300 feet" law, which, if one exists in your community, doesn't necessarily apply to your specific situation.
Also, you seem to assume that a city or county cannot issue a variance after the non-conforming construction has begun (or been completed). You might be right, but I'm not sure. It could be perfectly acceptable administrative practice to issue a permit or variance after-the-fact. Maybe some other LawGuru lawyer can clarify this.
If you retain a lawyer, you should definitely choose someone with local permits and zoning experience in your community. Ask for a free consultation first, to find out whether you have a legal leg to stand on.
Re: fence extention on a common wall
The prior responses gave good advice. I would reemphasize that it may be an assumption on your part that a variance cannot be issued after the fact.
My only further suggestion is that find a real estate attorney who has some experience dealing with admininistrative law and zoning. It would be best to find somebody in your local community more familiar with local ordinances.
The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com
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