Can my neighbour remove the fence between our properties in California?
If you and your neighbor have a fence between your properties, it is important to understand your rights and responsibilities regarding the fence. In California, the law governing fences is found in the Civil Code.
Can your neighbor remove the fence?
Yes, your neighbor can remove the fence if they own the fence and it is located on their property. However, if the fence is located on your property, your neighbor cannot remove it without your permission.
What if the fence is located on the boundary line between the properties?
If the fence is located on the boundary line between the properties, it is considered to be a "boundary fence". In California, boundary fences are governed by the law of adverse possession. Adverse possession is a way to acquire title to property by possessing it openly and notoriously for a period of five years. If your neighbor has been maintaining the fence for five years without your permission, they may have acquired title to the portion of the fence that is located on your property.
What can you do if your neighbor removes the fence without your permission?
If your neighbor removes the fence without your permission, you can take legal action to have the fence replaced or to recover damages. You may also be able to file a complaint with your local building department.
Related Questions
- Can I build a fence on my property without my neighbor's permission? Yes, you can build a fence on your property without your neighbor's permission, but it cannot be located on their property.
- What is the height limit for fences in California? The height limit for fences in California is 6 feet.
- Can I paint my side of a boundary fence? Yes, you can paint your side of a boundary fence any color you want.
- Can I remove a boundary fence if it is in disrepair? Yes, you can remove a boundary fence if it is in disrepair, but you must first give your neighbor written notice.
- What happens if my neighbor's fence falls down and damages my property? If your neighbor's fence falls down and damages your property, they are liable for the damages.
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