Legal Question in Real Estate Law in California

My neighbor wants to replace our good neighbor fence but is 5 inches shorter than the original fence, Could I refuse to build a shorter fence?


Asked on 5/08/15, 11:07 pm

1 Answer from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

It depends on who's side the fence is on, property wise. But local codes sometimes have a height limit. If the current fence is breaking any codes on height, you could then be forced to replace the fence. This is my opinion based on the limited facts you have given me.

Otherwise, no, they can't force you to change the fence if it is on your property.

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Answered on 5/08/15, 11:13 pm


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