Legal Question in Real Estate Law in California

Re: Legal issues with putting up fence within my property

California statutes have only this to say: "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......" Civil Code section 841.4.

I would say that if you have a roaming dog, a fence of reasonable height, less than ten feet and entirely on your own property, should not give you any legal problems.

You might want to check local ordinances, CC&Rs, or homeowner association rules if such might apply in your case.

There is no right to a view in California, and except to the extent zoning laws restrict building setbacks and heights, no one should assume that today's view will be there forever.

Re: Legal issues with putting up fence within my property

Your neighbors could file a lawsuit against you claiming you are causing a nusiance affecting the value of their property, or that they have a right to their "view" and you are infringing on that right. However, as a general rule, a landowner can do whatever he or she desires with their land (providing they do not violate any federal, state, or local law or ordinance), so long as they do not damage the land surrounding their land.

You may want to meet with an attorney in your area to discuss your particular situation to determine what options you have. Because your question does not provide a great deal of detail about your situation (i.e., what city and county you live in, whether you belong to an homeowner's assocation, etc.), it is difficult to determine the likelihood that your neighbors would file a suit, and it so, whether they would likely be successful.