Legal Question in Real Estate Law in California

What is fence height limit in unincorporated areas?


Asked on 1/12/11, 1:21 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Check with the County Building Department in the County in which your property is located. There is no uniform rule that covers all unincorporated areas, as Counties can and do have special planning areas and other restrictions you need to review.

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Answered on 1/17/11, 1:35 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Actually, Civil Code section 841.4 more or less defines what is permissible and what isn't by declaring that any fence over ten feet tall that is built to spite a neighbor is a private nuisance. As the law is administered, if you build a fence exceeding ten feet, you'd better have a really good reason for it to be so tall.

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Answered on 1/17/11, 1:44 pm


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