Legal Question in Construction Law in California

If I build a wooden fence do I need to put the got wood towards the neighbors property or can I put it on any side I want?


Asked on 4/21/13, 12:07 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you build a fence ON the property line, your neighbor and you will have to agree on every detail, either explicitly or impliedly, including design, selection of material, installation and cost sharing (if any). If you build in a couple of inches on your side of the property line, your duties and limitations are a lot more relaxed. You'd have to observe Civil Code section 841.4, largely prohibiting fences exceeding ten feet in height. Also, you'd want to avoid anything that was ugly or unsightly enough to be considered a "private nuisance," i.e., something that significantly impairs the neighbor's use and enjoyment of his property, or its value.

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Answered on 4/21/13, 5:04 pm


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