Property Line and Fence Laws in California
Nothing can sour a neighborhood like a property line or fence dispute. A fence can protect your privacy and property, but before you start building, you need to be aware of how California handles property line and fence disputes. From placement disputes to maintenance issues and tree trimming confusion, California property line disagreements can get complex.
At Wagner Zemming Christensen, LLP, we want to highlight California’s property line laws and help you understand when a friendly neighborhood dispute requires legal intervention.
What Is a Boundary Dispute?
Boundary disputes between neighbors can happen for numerous reasons. They most commonly arise when one neighbor wants to install a new fence or replace an existing fence, but another neighbor claims the fence is on their property. A boundary dispute between neighbors is a discrepancy in their opinions about where one piece of property ends and the other begins.
Before any construction work occurs, conducting an official survey to establish property boundaries is wise. It is not uncommon for neighbors to incorrectly assume where their property lines lie. Additionally, natural landmarks like creeks, rivers, and pathways can shift over time, confusing property line boundaries that were previously identified by those landmarks.
When Do You Need an Attorney to Address Property Line and Fencing Disputes?
Some situations can be resolved amicably between neighbors. However, California’s property line and boundary disputes can be more complicated to address than property owners may realize. If you are concerned that a neighbor wishes to proceed with constructing a fence or other structure on your property, contact an experienced California attorney immediately. Additionally, if you want to build a fence on your land, but your neighbor is questioning the boundary lines, discuss your situation with a skilled attorney. There may be numerous legal consequences to breaching real estate boundaries.
An attorney can help you by engaging a licensed surveyor who can identify the property boundaries. Your attorney may also ask for an appraisal to help determine the property’s market value and conduct a complete title search. A title search can help uncover documents associated with the property’s chain of title and may reveal details of deeds or easements that could impact the ownership of the property.
An attorney can help you through the complexities of unraveling a property line dispute. Failing to address the situation immediately could eventually result in adverse possession. Adverse possession can occur when another person takes possession of your property and remains in possession for a certain length of time. The person can then make a legal claim in court for the title of that piece of property.
You can protect yourself and your property by consulting with an experienced California attorney as soon as you identify that there may be questions about the placement of your property boundaries.
Other Fence and Property Line Issues
Another common problem between neighbors is when a fence needs to be constructed or replaced. In California, the state generally recognizes that a boundary fence benefits both parties equally. Therefore, in most cases, both homeowners are responsible for the construction and maintenance costs of the fence. Before a household can move forward with constructing or replacing a fence, they must give the other homeowner 30 days of notice before work begins. That written notice must also include information on the presumption of equal responsibility for costs and maintenance. It should also outline how to approach cost-sharing.
Tree trimming can also become a point of contention between neighbors. Neighbors can trim tree branches that extend onto their property. However, neighbors cannot excessively trim a tree to the point where it harms the plant. Likewise, a neighbor cannot enter your property to cut down or damage a tree that partially extends onto their property. If a careless neighbor causes significant damage to trees on your property, you can involve an attorney and may be able to pursue compensation for your financial losses.
Contact a California Property Dispute Lawyer Today
Compromise and clear communication can resolve most neighborhood disputes. However, some disputes, especially those involving boundaries and careless actions on the part of a neighbor, require legal intervention. If you believe a neighbor is infringing on your property, contact Wagner Zemming Christensen, LLP, for help today.