Neighbor Fence Agreement Template California

Sometimes a neighbor may build an ugly fence out of spite for a neighbor.

Neighbor fence agreement template california.

A adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. Brief description of the shared fence and the land s adjacent to it. First party owns the property located at address. The law states that if your neighbor erects a fence which can be made out wood cinder blocks bushes etc that is at least 10 feet high just to annoy you you can sue them for private nuisance.

The original law had been in place since the 1870s and simply provided that both owners were mutually responsible for common fences. California also allows you to sue your neighbor if they build a spite fence on their property. Being well informed can help you avoid unnecessary disputes with your neighbors. The two parties agree to jointly.

October 2017 under california law landowners and their adjoining neighbors are jointly responsible for constructing maintaining and replacing fences that divide their properties. 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. This agreement is made on mm dd yyyy and will stay in effect until mm dd yyyy or until one or both parties permanently depart their premises. Give one to each signatory.

Sample agreement to construct fence this agreement is made between first party of address and second party of address. 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. Fence height and permits according to the california building code chapter 1 section 105 2. It is common in california for houses to be built packed close together but that can make erecting and maintaining fences difficult.

A permit isn t required if the fence is less than 7 feet in height. Eligible fences and. Plans and specifications of fence. B 1 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.

If you or your neighbor are planning on putting up such a barrier it is important to know the facts about california fence laws. Be sure to get all the payments up front so you don t wind up dunning your neighbor or he she doing the same to you. The california legislature in its infinite wisdom recently updated its law regarding good neighbor fences that is a common fence dividing two properties. Keep one with the transaction or real estate file related to the subject matter.

Many states have laws that regulate spite fences most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless when it is constructed to annoy a neighbor and when it exceeds spite fence height limitations.