Fence Laws In
California: A Simple & Practical Overview
Many disputes about fences can arise when homeowners do not
understand fence laws in California about installing and placing fences on
their property. Unfortunately, rules about fence placement, fence height, and
property lines can be pretty confusing and cumbersome to read and understand
for the average homeowner.
To help you learn more about each state’s regulations about
fencing, we’ve written an article to briefly describe the highlights of what
you need to know before installing your new fence.
Please note that this article should not replace professional legal advice but
merely inform you of publicly available information for your state.
As Robert Frost famously observed, “good fences make good neighbors.” Of course, this is
only true if you’re following your state’s ordinances and regulations for
fences. If you’re not in compliance, your fence will be a source of frustrating
fence disputes with your otherwise friendly neighbors.
Fence Laws In California: A Quick Overview
Under California’s Building Code,
you must obtain a permit before building a fence that will be over 6 feet tall
unless the top 2 feet of the fence will be barbed wire. For a front yard fence,
the maximum height is 42 inches. For a backyard fence, the maximum height is 72
inches. If you’re sharing a fence with a neighbor, your fence must be a minimum
of 60 inches high and be free of gaps that a small child might pass through.
California homeowners must also have a fence around any pool that
is deeper than 18 inches. Additionally, the pool fence must have a self-closing
and self-latching gate, with the release mechanisms placed at least 54 inches
high from the ground.
The California Good Neighbor Fence Law
Part of California fence law, California Civil Code 841,
describes the rights and responsibilities of those who share a fence along a
mutual boundary line. While each neighbor may only see one side of the fence,
this particular portion of California law outlines basic etiquette that each
neighbor must uphold.
Under this fence law, anyone who plans to conduct
maintenance or replacement of a shared fence must inform all impacted property
owners at least 30 days in advance. This is because adjoining landowners are
equally responsible for the costs of construction, maintenance,
and any needed replacement of the fence.
If you’re planning on building or replacing a shared fence,
you must send a letter to the other impacted homeowners. This letter is known
as a good neighbor fence letter and should include:
- A description
of the problem: This helps them understand why you’re building, fixing, or
replacing the fence.
- A solution to
the problem: A clear explanation of how your action will correct the
problem.
- The timeline:
Explain how long the repair or replacement will take and what they can
expect.
- Space for
signatures: Include your signature and the date and leave room for their
signature.
Common Questions About California Fence Laws & Fence Disputes
There are many questions that California homeowners may
have about their rights and responsibilities for a shared fence, from how to
handle a shared fence to how to ensure property lines are accurate. Below,
we’ve answered some of the top questions about California fence laws and also
answered common reasons for California fence disputes.
Does home insurance cover the repair and replacement costs for my fence?
In most cases, home insurance covers fences, classifying
them as “other structures.” Under a home insurance policy, “other structures”
will be covered at 10% of your dwelling coverage amount. This means that if
your home is insured for $250,000, your fence will have $25,000 toward your
repairs or replacement costs. Often, though, your insurance company will only
pay for your portion of the shared fence, which means you’ll need to have each
property owner agree, in writing, about the details of your shared
responsibility, including ownership percentages and costs.
Under what circumstances are adjoining landowners not required to pay for
fence costs?
Generally, a fence shared by two or more landowners will
require those owners to equitably share the costs for building, maintaining, or
replacing the fence. However, there are certain clauses that exempt an owner
from sharing the fence costs:
- The neighbor
can prove that the fence has less benefit for them.
- The fence costs
are unreasonable or excessive.
- The neighbor cannot afford to pay
their equal share due to financial hardship.