October, 2017 Under California law, landowners and their adjoining neighbors are jointly responsible for constructing, maintaining, and replacing fences that divide their properties. States’ Fence Laws STATE OF CALIFORNIA . Confinement of animals in rail transit; rest, water and feeding It is unlawful for any officer, agent, or conductor of any railroad in this state, to confine any animals in cars for a longer period than 36 consecutive hours if the animals are being carried or A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Fences under six feet high, or eight feet if … Read the code on FindLaw , . Title to property is usually transferred by means of a deed. One example of this is California's Good Neighbor Fence Law. California Boundary Fence Laws. California has a specific spite fence statute: “Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. The law regarding fence and boundary line disputes is a combination of legislative statute and case law. Sometimes even a hedge can act as a boundary. It requires 30 days' advance written notice, along with details about the proposed building, maintenance cost, timeline, and design. California’s spite fence law provides that any fence or other structure in the nature of a fence that unnecessarily exceeds ten feet in height and is maliciously erected or maintained for the purpose of annoying the owner of an adjoining property constitutes a private nuisance. California Building Code Fence Requirements. Fence Height and Permits. While the legislature enacted some procedural changes to the law under the Good Neighbor Fence Act of 2013, the spirit of the original law remains the same. Fences within required side or rear yard setbacks may be increased in height to seven feet if the top one foot is constructed of lattice (see Figure 18.150.040(A)), provided the fence complies with all other requirements of this section, including fence material limitations in subsection (E) of this section (Prohibited Fences). ... Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. To comply with the law, be sure to send your neighbor a notice of your intent to install a fence on a boundary line at least 30 days before you start. Traditionally, notice has not been required, but the trend is for communities to require neighbor notification. In the next four paragraphs we will examine two relevant statutes as a background to understanding the case law that has evolved concerning fence and boundary lines. California Civil Code CIV CA CIVIL Section 841.4. 3 § 16905. According to the California Building Code, Chapter 1, Section 105.2., a permit isn’t required if the fence is less than 7 feet in height. Fences provide aesthetic and security benefits to a property. Pursuant to California law, trees and hedges planted in a row to form a barrier may be deemed a fence.