Legal Question in Real Estate Law in California
For the past 20 years my property and the ajoining neighbors property has been divided by an old chain link fence (I assume on the property line). Recently, without my consent, my nieghbors constructed a seven foot high cedar fence running 3/4 of the back yard all the way to the front sidewalk, a total of about 200'. They built this fence about 16" in from the property line on thier side. This way they would not have to get our permission for anything regarding the fence. I believe it qualifies as "spite fencing". They left the chain link fence in place creating a 16" "dead space" on my side between the two fences. This weekend I started to take the chain link fence down. I don't need two fences, I don't need to clean leaves and weeds inbetween them.
They told me I have no right to take out that chain link fence, it is half thiers (although they can no longer see it). They called the Sheriff and reported that I was stealing thier fence and demanding I put it back. Seems to me in putting up thier "spite fence" they have abandoned the chain link fence as well as the property line. What are the laws pertaining to this situation? Thank you
1 Answer from Attorneys
In California in general, fences become spite fences under the Civil Code when they exceed ten feet in height, but some cities have tighter restrictions, possibly verying by neighborhood. I'd check with City Hall on that issue.
There is little basis in law for an argument that fencing off a 16" strip of your property cedes ownership to the adjoining property. In urban areas in particular, courts strongly prefer to find that property lines remain as described in the official records down at the County Recorder.
Possibly you can tell your neighbor he has to maintain the 16" strip, but unless he is both agile and skinny, his efforts would doubtless result in trespasses.
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