My question involves real estate located in the State of: California
Hi Folks,
I have a nuisance neighbor that's been messing with a fence and I'm trying to get a handle on what the civil code really means. I can fill in the story a bit later, but let me get right to the questions:
California Civil Code Section 841(b)(1) starts off: "Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties..."
Does it matter whether the fence is ON the boundary line versus alongside or simply NEAR the boundary line? In may case, at worst, said fence might be ~10 inches on his side, between 1 acre+ lots. Our/my/his fence certainly meets a casual meaning of "dividing properties". If it's on his side of the boundary though, does the Code apply or not apply?
Does it matter who built the fence? Neither of us are original owners and the fence already existed.
Code 841(b)(2) includes the language "... construction, maintenance, or necessary replacement of the fence."
What about REMOVAL of the fence? My neighbor has taken a section of fence OUT, without notifying me. He has a dubious prescriptive easement claim, and he took it upon himself to try to enforce it. (Off topic: access to my property has been blocked by the fence for ~20 years, so the easement claim is either misguided or an outright sham. Refer to Code 811.)
I'm working on my demand letter asking him to restore the fence, and want to let him know that he violated Code 841...but did he?
-Mia
Hi Folks,
I have a nuisance neighbor that's been messing with a fence and I'm trying to get a handle on what the civil code really means. I can fill in the story a bit later, but let me get right to the questions:
California Civil Code Section 841(b)(1) starts off: "Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties..."
Does it matter whether the fence is ON the boundary line versus alongside or simply NEAR the boundary line? In may case, at worst, said fence might be ~10 inches on his side, between 1 acre+ lots. Our/my/his fence certainly meets a casual meaning of "dividing properties". If it's on his side of the boundary though, does the Code apply or not apply?
Does it matter who built the fence? Neither of us are original owners and the fence already existed.
Code 841(b)(2) includes the language "... construction, maintenance, or necessary replacement of the fence."
What about REMOVAL of the fence? My neighbor has taken a section of fence OUT, without notifying me. He has a dubious prescriptive easement claim, and he took it upon himself to try to enforce it. (Off topic: access to my property has been blocked by the fence for ~20 years, so the easement claim is either misguided or an outright sham. Refer to Code 811.)
I'm working on my demand letter asking him to restore the fence, and want to let him know that he violated Code 841...but did he?
-Mia
Fences and Walls: Does California Boundarly Fence Law Apply to a Fence Near the Property Line
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