Articles

Property Line and Fence Laws

By: Owen Chen

Updated: July 3, 2022

Disclaimer:

I am not a lawyer. This article is general information and not legal advice. Consult a qualified legal professional for your specific situation. No liability is assumed for any consequences resulting from using this information.

What is a property line?

A property line defines a property's boundaries and tells you where new features such as fences and pools should go. The frontage is the boundary between your property and the road, while the sidelines are along the sides of the property. 

Why should I know where my property line is?

Knowing your property lines help avoid encroachment (building past the property line) on both your own property and property owned by your neighbors. Encroaching on property owned by a neighbor can lead to legal disputes, and having your own property encroached on may lead to problems with getting insurance. 

How do I know where my property line is?

The property line can be found on a property line map, on the property's deed, through a property line survey (usually by hiring a land surveyor or checking a previous survey), or even by looking for various property line markers physically on the property line. 

Is a permit needed for building a fence on my property?

Under California's Building Code, you must obtain a permit before building a fence that will be over 6 feet tall unless the top 2 feet of the fence will be barbed wire. It is important to note that 42 inches is the maximum height for a front yard fence, while 72 inches is the maximum for a backyard fence. 

Can my neighbor and I simply agree on a boundary line?

You should always consider factors such as the local zoning and subdivision ordinances (which can be checked through the municipal planning or building department), as well as potential effects on your property taxes, mortgage, and insurance. A neighbor's agreement is usually sufficient if you are just replacing an existing fence. However, if you want to build a new fence, you should try to make an official boundary line agreement at the County Clerk-Recorder's Office. Additionally, you should consider making the agreement available for public viewing upon request in order to help any future owners of the property be aware of the updated boundaries. 

Can my neighbor build a fence on the property line?

The installation of a fence on a property line usually requires the agreement of both property owners. When one household decides to erect a fence, they must give the other homeowner at least 30 days notice before beginning work, a description of any problem with the current fence, a proposed solution, the estimated costs of construction, and a proposed timeline for completing the project. 

Who is responsible for the costs of constructing and maintaining the fence?

California law presumes that both property owners benefit equally from a boundary fence, so it is usually the case that both homeowners are equally responsible for the costs of constructing and maintaining the fence (including the replacement of boundary fences) if the costs are deemed to be reasonable. 

What if I want a shared fence but my neighbor doesn't?

If your neighbor does not want to build a shared fence, you may be able to obtain a court judgment forcing them to cooperate and share the cost of building and maintaining the fence.

Additional Resources:

https://www.rockethomes.com/blog/homeowner-tips/property-lines