Who Pays for the Fence Between Neighbors in California?
In the state of California, the responsibility for paying for the fence between neighbors is generally determined by the location of the fence and the type of fence involved.
General Property Lines
For fences located on the property lines, the cost is typically shared equally between the two adjacent property owners. This is based on the legal principle that each property owner has an equal interest in maintaining the boundary between their properties.
Enclosed Spaces
If a fence encloses a specific area, such as a backyard or a swimming pool, the cost of the fence is usually the responsibility of the property owner who benefits from the enclosure. In some cases, the adjacent property owner may contribute a portion of the cost if they also derive some benefit from the fence.
Privacy Fences
When it comes to privacy fences, the party who wants the increased privacy is typically responsible for paying for the fence. This is because privacy fences are considered an improvement to the property benefiting the owner.
Local Ordinances
In some cities and counties in California, there may be local ordinances that specify the allocation of fencing costs. These ordinances can vary, so it's advisable to check with your local building or planning department to determine if there are any applicable regulations in your area.
Q&A
- Who is responsible for paying for a fence located on the property line in California? In general, the cost is shared equally between the two adjacent property owners.
- Who usually pays for a fence that encloses a specific area? The property owner who benefits from the enclosure.
- Who is responsible for a privacy fence? The party who wants the increased privacy.
- Can local ordinances affect the allocation of fencing costs? Yes, some cities and counties in California have ordinances that specify the responsibilities.
- Is it always necessary to split the cost of a fence 50/50? Not necessarily, the cost can be adjusted based on the type of fence and the benefit each property owner derives.
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