California Fence Laws

In California, there are California fence laws that regulates a property owner when he needs to fence the property whether it is a small yard or as wide as several acres to keep pets in and help protect the property from outside pests. Basically, fences can range from the highly ornamental wrought iron to the most basic barbed wire.

The overall residential landscaping design can greatly be influenced by the right fence installed. In choosing the right fence from several designs that are available, you will always consider your budget and personal preference. But in many cases, you have to consider local building codes. The first step in choosing your fence style is familiarization. Your home’s exterior decorating scheme should fit perfectly to your home’s landscape.

Another factor that dictates the design and style is the purpose of the fence. For privacy needs the fence needs to be tall and solid. For security reasons, the fence needs to be high, of strong material but provides visibility from the outside. The ornamental fences on the other hand can be shorter, with attractive designed panels. Fences come in wood, vinyl or metal.

Generally, a fence marks the property line or boundary between adjoining neighbors. California law also regulates and provides fencing requirements. California does not regulate the appearance of a fence but the law does impose maintenance requirements. California also prohibits the construction of fences that are only intended to annoy a neighbor.

The walls and fences are important in separating adjoining properties. However, various problems and issues can arise about the size and aesthetics. The costs of repair and some legal implications may also cause problems in such barriers.

These structural limitations are largely addressed by city or county ordinances, rather than California law, but state laws do apply in certain other matters.

Common Fence Laws

As per section 840 (a) to (b) of the Civil Code, property owners of adjoining properties, are presumed to be equally responsible for the reasonable costs of construction, maintenance, or the necessary replacement of the separating fence. By state law, both owners are responsible for splitting the cost. When a neighbor decides to fence a boundary line between two properties the other neighbor may not be responsible in splitting the cost at this point. But if the that neighbor later decides to fence a portion of his property, he or she is mandated to pay half the cost of the original fence as mandated by the civil code.

Because of wear, storm damage or earthquake damage over time, fences needs repair. California law mandates that fences must be in good condition so as not to present a public nuisance or danger to its community. The responsibility falls equally on both adjoining property owners in sharing the fence cost of repair. There are no strict provisions in the California law for such actions however the law leaves the specifics to the adjoining property owners to work it out. When a fence owner denies the responsibility to repair a common fence, the other owner can make a claim for his part of the repairs in the small claims court.

Spite Fence

As per Section 841.4 of the Civil Code, California law prohibits the erection of a fence that is more than 10 feet high if it is done with the intent to annoy an adjacent neighbor or out of maliciousness. This is also known as a spite fence. Since this is a private nuisance, the neighbor can file a lawsuit for injunctive relief and refrain from constructing the structure. Under California law, a neighbor who installs a high fence exceeding the regulated height to spite another neighbor can be penalized.

Homeowners’ Association

In subdivisions, a homeowners’ association may also impose more restrictive limitations on fences other than California fence laws. Such restrictions are commonly based on the type of material, appearance, location and height.