Laws Regarding Fences in California

A fence marks the property line between neighbors. California law regulates fencing requirements. Although the appearance of a fence is unregulated by the state, the law does impose maintenance requirements and prohibits the erection of fences that are only meant to annoy a neighbor.

Maintenance

Adjacent property owners in California are equally required to maintain the fence between the two properties. By law, both owners are responsible for splitting the cost of repairs and the cost to erect a new fence. If a boundary line between two properties is unfenced and one neighbor decides to erect a boundary fence, the other neighbor is not responsible for splitting the cost unless the neighbor later decides to fence a portion of his property.

Spite Fence

California law prohibits a person from erecting a fence, or other structure that serves the same purpose as a fence, that is more than 10 feet high if done out of maliciousness or with the intent to annoy an adjacent neighbor. This is known as a "spite fence." This is a private nuisance and the neighbor can sue for injunctive relief.

Homeowners' Association

A homeowners' association may impose more restrictive limitations on fences than California law. Common restrictions include height, type of material, location and appearance.

References

• California Civil Code: Section 840-848
• Law Office of Melissa C. Marsh: Your Neighbor's Fences and Trees