Fence conflicts can lead to real property disputes

Fence conflicts can lead to real property disputes

| Aug 17, 2020 | Real Estate Law |

It can take years for a San Diego family to save enough money to buy their own home and the land that it sits on. Once they have title to their own real property, they may feel protective of it and their right to control how it is used. When a neighbor takes an action that disrupts their use or enjoyment of their property, they may wonder if they have any recourse for stopping them.

Conflicts – How they arise

One common issue that can arise between adjoining property owners is fence conflicts. A fence is a structure that physically separates one parcel of land from another. Fences can be made out of different materials and extend to different heights.

Often, neighbors may quarrel over how a fence maintenance should be handled and who should have to pay for fences repairs. In other cases, neighbors may disagree about the location of a fence and whether it rests solely on one of their properties.

Individuals with fencing and boundary disputes should consult with attorneys in their communities to better understand how local, municipal, and state regulations may impact their options for seeking relief from their neighbors’ actions. This post is informational in content and should not be read as legal advice.

California law

In California, however, individuals cannot erect fences that are solely intended to bother their neighbors. Sometimes referred to as spite fences, these structures must be at or greater than 10 feet in height and must exist only to bother neighboring property owners. A person challenging a spite fence may have options under the law for bringing it down.

Conflicts over fences can destroy relationships with neighbors and create conflict in the lives of property owners. No one should have to cope with these issues on their own. Real property attorneys can offer guidance and advice to individuals facing fencing problems in their communities.

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