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A fence dispute can entail a disagreement about whom a fence belongs to, or who must care for the fence, if it falls on property boundary lines between two neighbors. A fence dispute can also be the cause of a property line dispute. California Civil Code Section 841 requires that both neighbors equally must pay for and care for a fence that falls on the legal boundary line or a fence that both parties benefit from.
A fence dispute can also entail a disagreement about property ownership if a fence is put up off of the legal boundary line, thus cutting into a neighbor's property. In addition, a fence dispute can involve a "spite fence," which is an unnecessarily high fence put up purposely to spite or annoy a neighbor.
Fence disputes between neighbors can not only cause uncomfortable tension, but can also be costly. One neighbor may owe restitution to another or may have to remove a fence at their own cost.
If a fence has been up for many years over a boundary line, a fence dispute might not end in favorable results for the property owner that is losing an area of their legal property. If both property owners have been using the fence during the time it has been up, it can become a "legal boundary" regardless of where it actually lies.
Fence disputes fall under common law, which can be complicated and not straightforward. A real property lawyer can assist in these situations and help determine your rights in the case of a fence dispute. The help of a real property attorney can protect your property rights and defend your property.
If you are dealing with a fence dispute, call Attorney Search Network today for a lawyer referral. We can provide you with a real property lawyer that has experience in fence disputes in your area.
If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Real Property lawyer referral.