Legal Question in Real Estate Law in California

My neighbor put up a fence 6 tweet tall in between the houses in the front yard. It only goes half way down to the front yard he also in the back yard replaced the fence and he put all the fence on his side and I look at the poles and plywood he used undenied he his fencing. He also did this without any type of communication due to a big dispute one year ago.


Asked on 5/17/17, 4:53 pm

1 Answer from Attorneys

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

Two thoughts come to mind. First, you might inquire locally to see whether there are any city or county ordinances regarding design and construction of boundary fences that apply in your neighborhood. Second, there is a state law declaring "spite fences" to be private nuisances and providing for enforcement of remedies (this is Civil Code section 841.4). The law specifically says fences unnecessarily exceeding ten feet in height and erected to annoy are nuisances, but it doesn't rule out the possibility that a six-foot fence might also, under some circumstances, be declared a private nuisance by a court, for example, if it reduces your property value.

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Answered on 5/19/17, 3:41 pm


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