California Laws on Agreed Boundaries

The California Agreed Boundaries

Sometimes, there are properties where it is impossible to determine the boundaries in between them. There are several situations where boundaries are difficult to determined, including lost records, lost monuments or inheritance of large properties by two or more persons. In California, when it is impossible to determine the location of a property line, most homeowners resort to an agreement on a boundary dividing properties. Fences are mostly erected based on this agreement to mark their agreed boundaries. In future disputes arising about the boundary, the agreed boundaries doctrine can be basically invoked just to resolve the conflict.

This California legal doctrine applies whenever two neighboring California landowners built a fence sharing the cost on what they believe to be the property line in between them. If the dispute arises after five years or more, the court can deem the fence line as the actual property line and would represent the permanent boundary line for both properties.

The California Common Boundary

This California rule deals and relates to a fence as a common boundary for adjoining properties. If an owner builds a fence to separate two properties where each property owner agrees that the fence is the mark of their legal boundary between the two properties, the boundary will become legally valid after a period of five years. This means, afterward, the fence will define then on as the new boundary between the properties even if it is being built clearly within the property lines of one owner and not the other. This rule is part of the squatter’s right’s portion of the California common law. Property owners must be able to determine clearly the legal boundary before building fences on it.

Liability over Accidents Caused by Fences

Sometimes, a fence can cause of injury to a person. A severe metal cut or an infected splinter can happen to a person when exposed to the fence. If the injured person sues the homeowner, both property owners who are sharing the fence can be held liable. However, an exception to this rule is when one property owner invites the injured party over to his property as a guest and the accident happened. Such situations include parties, and other special occasions where guests are invited to the property. The owner who invited the guests is then liable for the guest’s injuries.

The California Natural Barriers

As per the California Law, fences can be defined man made erection of barriers in between properties. But this fence law also includes the natural barriers such as trees, ponds, and shrubs along the property line. Like any other fence in between property lines, both property owners are responsible to maintain this barrier, to keep it clean, free of dangers such as pests and liters. The trees shall be manicured and remain healthy so as not to present a danger to houses on both properties. California has also its own tree laws that regulate the maintenance and upkeep of trees along property boundaries, aside from the laws on agreed boundaries