Is The Fence The Boundary Line?

by | Last updated on January 24, 2024

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Most fences are built right on top of property boundary lines

, which means the fence is the property of the homeowners on both sides of the fence. Therefore, its upkeep and eventually replacement is the responsibility of both homeowners.

How do I find my property lines for free?

  1. Homeowner’s Deed. …
  2. A Tape Measure. …
  3. Existing Property Survey from Mortgage or Title Company. …
  4. Existing Property Survey from County or Local Municipality. …
  5. Buried Pins. …
  6. Use an App. …
  7. Hire a Licensed Land Surveyor.

Does a fence determine property lines?

The Agreed-Boundary Doctrine:

Acquiescence in Fence Location Does Not Establish New Property Boundary Line

. Even if a property owner acquiesces to the placement of a fence encroaching on his or her property, this does not mean the fence becomes the new property boundary line. The California Court of Appeal, in Martin v …

How do I find the boundaries of my fence?

Find your property line by

visiting your local county recorder or assessor’s office

. You can access public maps of your street and locate your boundaries. Many counties also let you access property lines online. If your property is on platted land, you may be able to access the plat maps online.

Who owns the fence between houses?

In California,

two people whose properties border each other are both required

to maintain an existing fence between the properties, with only a few exceptions. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence.

Who gets the good side of the fence?

The finished side should face toward your neighbor. Not only is this more polite, but it’s the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.

Can you have an 8 ft tall fence?


There is no set standard

for residential fence height. However, each city has its own fence height regulations that you must adhere to. Common heights for front yard fences are around 3 feet, while common heights for backyard fences are between 6 and 8 feet.

Can my Neighbour attach things to my fence?

If the fence is your property,

it is illegal for a neighbor to attach something to it without your permission

. Any modifications and attachments can only be done by the legal owner, meaning your neighbor, even if the side of the fence is facing their house, cannot legally change anything on your fence.

What is the legal height of a fence between Neighbours?

Under the California Building Code, you need to get a permit first for any fence

over 6 feet tall

, unless the fence’s top 2 feet is barbed wire. The maximum height allowed for a front yard fence is 42 inches, while the maximum height in the backyard is 72 inches.

When a fence is damaged who is responsible for repairs?

Secondly, California law presumes that

both owners benefit equally from the boundary fence

, and therefore are equally responsible for the reasonable costs of construction and maintenance.

Can I remove neighbors fence on my property?

If you can prove the neighbor installed the fence on your property without your permission,

the court should be able to issue an order forcing the fence

to be removed. … However, a fence that has been installed for that period of time should be more than adequate proof.

Can I legally paint my side of Neighbours fence?


Your neighbor cannot paint his side of your fence without your permission

, unless his side of the fence falls on his side of the property line. If his side of the fence does not fall on his property line and he paints it anyway, then he could be sued for vandalism.

Do I have to give Neighbour good side of fence?

Though it is common practice,

no law mandates your neighbor get the good side of the fence

, though your local city might. … Before you begin building a fence at your property, you should always double-check your local laws and regulations. Running it by your neighbor is also a good idea to avoid any surprises.

How do you negotiate a neighbors fence?

Get it in Writing. If your neighbors are open to sharing the cost and responsibility for a new fence, arrange a convenient time to meet with them and discuss the estimates. Talk about materials, costs, timeline and other details. If you decide to move ahead with the project, write up an agreement.

Why are fences limited to 6 feet?

In many municipalities, six feet is

the maximum height for a backyard fence

, while a 4-foot fence may be used in front of your home. One reason front yard fences are smaller is because taller fences can block the sightlines of cars, creating blind corners at intersections and putting children and pets in danger.

David Martineau
Author
David Martineau
David is an interior designer and home improvement expert. With a degree in architecture, David has worked on various renovation projects and has written for several home and garden publications. David's expertise in decorating, renovation, and repair will help you create your dream home.