Legal Question in Real Estate Law in California
fences and property lines
I would like to find out about having a fence on the property line (1st part)
(2nd part)My fence is between our driveways the fence is not exactly on the property
line in fact it is about 2 inches on my side I am the one who put the fence up ,
what is the limit on the property line, is it on the line or is 6'' 8'' or is it 12'' or is there a certain limit as to how far you can have the fence.And also Can my neighbor screw a 4 x 8 piece of plywood upright on my fence or anything at all to said fence in question
what is the limit in which it becomes a joint fence
1 Answer from Attorneys
Re: fences and property lines
Civil Code section 841 is the basic law regarding boundary fences. Neither it nor any other statute that I know of makes reference to any set-back distance for a boundary fence. Therefore I tend to think any fence that serves as a boundary fence would be looked at by the courts the same way whether it was exactly on the line or set back onto the land of one owner or the other.
When questions arise as to whether construction and maintenance of a boundary fence involves trespass, etc. courts tend to take a pragmatic view rather than being technical and legalistic. Therefore, if the neighbor puts plywood on the side of a boundary fence facing his land, this is probably permissible even if the fence (and hence the plywood) is a few inches on your side of the actual boundary as determined by survey. However, if the attachment of the plywood were done for an improper purpose, then the court could rule the other way, relying upon trespass as the ground for its ruling. In other words, courts take a common-sense approach to solving disputes between neighbors.
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