Q&A

What is the common fence rule?

What is the common fence rule?

California law presumes that a fence located directly on the property line benefits both homeowners equally. As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance.

Can my Neighbour complain about my fence?

As long as it’s not higher than 2m, your neighbour is free to put up a fence on their property. If you have an issue with the fence, you should always try to resolve the situation in an informal way. If you can’t come to an agreement, you can hire a mediator or a solicitor to help.

What is the Good Neighbor fence Act?

The “Good Neighbor Fence Act” of 2013 states: “Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or …

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What can I do if a Neighbour damaged my fence?

Start by talking to your neighbour and asking them to check if their insurance will cover the damage. They will need to lodge a claim with their insurance provider. If you’re submitting a claim to your neighbour’s home insurance provider, you’ll need to prove that the damage was, in fact, their fault.

What are the rules on boundary fences?

As a rule of thumb, the outer face of the fence should be placed along the boundary. The posts should stand on your land. Of course, there are plenty of types of fencing, and where you should position your fence can change depending on the style you choose.

What happens if a neighbor builds a fence on your property?

The location and type of fence can cause a problem for you. If you allow a neighbor to add a fence that extends onto your property, you may actually be giving them a license to use your land. Fences do not grow overnight; if you see the signs that a fence is coming, including property line marks, make sure they are accurate first.

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Is your neighbor’s dog damaging your fence?

We’ve seen neighboring dogs damaging fences and neighboring trees too. While we can’t give you legal advice we can tell you that there are laws that give you some recourse if you neighbor is damaging your fence. Of course, the first step is to talk to your neighbor about the problem.

How do people damage fences?

We’ve heard of all sorts of creative stories. Neighbors have damaged fences by getting careless with riding mowers, by draping wet laundry over fences, causing water damage, by piling wet soil onto the ground on their side of the fence to plant flowers, only to rot the boards.

Why are property lines so important when building a fence?

This is one reason why knowing your property lines is so important when you build a fence. It gives you the option to build inside of your property lines, thus making the fence wholly “yours” and avoiding disputes about who pays for what – and making your case stronger should your neighbor decide to touch or damage your fence in any way.

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