Legal Question in Real Estate Law in California

Re: propertyi

I assume you are referring to a boundary fence. There are two laws on the books that affect boundary fences. One is an ancient law from the days when most of California was rural ranchland, and it requires a neighbor to share the cost of a boundary fence if he encloses his land, but excuses him from participation in the cost so long as he chooses to let the rest of his land go unfenced. The application to a day when land was either used for grazing animals or for edible crops is obvious. It is still the law of California, but its applicability to an urban society is doubtful. For example, is a city lot "enclosed" if it is fenced on the rear and both sides, but not at the front? Probably not.

The other law refers to spite fences, and says that a boundary fence over ten feet high is presumptively an illegal (private nuisance) spite fence unless local conditions make a ten-foot boundary fence reasonable.

Neither one addresses your situation, so I'd say it's legal so long as the proposed fence doesn't breach a CC&R, a local ordinance, or obstruct an easement. You might want to check to see if a building permit is required.

Re: propertyi

When you put up the fence make sure you follow the boundary line to prevent any future claims for adverse possession by your neighbor or his successors in interest for any of your property on the opposite side of the fence. You may wish to record a boundary agreement if the boundary line varies from the fence line.

It is not clear from your question whether you are in a urban area with clearly subidivided land, or in a rural area with surveys that were done without the benefit of modern technology. The amount of care required in deciding where to build a fence will largely depend on this.