The Trouble with Fences – What to Know About Property Lines

Years ago a young couple rented a charming little 1930s house on a large wooded lot. Their elderly landlord was also their next-door-neighbor, who built his much larger custom home to take advantage of sunset views. When the landlord decided to sell the smaller home, the young couple jumped at the chance to buy a home they loved at a good price.

One day the owner of the smaller home stumbled on a survey pin near the street between the two houses. He soon discovered another marker in the back of the property. Something was fishy. The neighbor’s fence was constructed nearly 10 ft inside the bungalow’s yard, for the full 150 feet depth of the lot.

The couple asked their elderly neighbor if he was aware of the property line. The neighbor admitted since he owned both lots when he built the new home, he added “some squish” to his side to allow for a small rose garden and denser privacy plantings between the two homes. He did not adjust any land records. He amiably agreed to split the cost of a professional survey.

A year later the old fence was gone and a new fence was in place. The bungalow gained a tree house for the kids, additional entertainment space in the yard and an iron-clad property survey. The elderly neighbor moved away, saving the young couple the trouble of arguing about property boundaries with unwitting new neighbors.

Sometimes Fencing Disputes Between Neighbors Go Badly

The California Good Neighbor Fence Law provides common sense guidelines for how to deal with neighbors regarding shared fences. Here are the two basic rules:

1. 1. Get together with your neighbor and discuss your shared fence’s maintenance, repair or replacement. Ideally you can land on a shared goal, and shared costs to sustain a satisfactory barrier between your homes.
   2. If you decide to take action on your own, inform your neighbor in writing before any fence project starts. Describe the issue with the fence, the solution, the timelines and your proposal for paying for the project.

What Can Go Wrong With Fences?

You name it. It’s very common for neighbors to disagree on who should maintain a fence, what it should look like, and how much it should cost. Sometimes parties simply act on their own, without involving their neighbors in the process, leading to angry disputes and even court cases.

Brand new fences vary in price and materials, and neighbors do not always have the resources to share costs equally. In these cases a hardship can be claimed releasing one of the parties from equal payment responsibilities.

Serious legal problems can result when brand new fences are planned and a survey is not conducted in advance. This is particularly critical when there are no survey markers or precise documents proving legal property lines. Larger, older properties may have incorrect boundary  markers. Avoid guessing where the property lines are – spend the money and get your documents together if you see trouble ahead.

Do I Really Need a Survey? How Much Does It Cost?

Connie, a widowed retiree purchased a coastal rural property and remodeled an old cabin that had been vacant for many years. Her new neighbor Joe was upset that his peaceful world was disrupted by her presence, so he started to make some trouble.

Connie had the quarter-mile gravel road to the cabin re-graded and graveled. During this work Joe approached her angrily and warned her the driveway encroached on his property, and she would need to widen the other side of her road and allow his side to “return to nature,” or he would sue.

Not one to go down without a fight, Connie arranged for a professional survey. In fact, her driveway was 2 feet on Joe’s property for about 16 feet only. The survey also revealed that a newer 70-ft stone wall Joe built in another part of their property line was 11 feet over on Connie’s side. Chagrined, Joe backed down.

Plan to spend about $1000 for a basic survey, and more if your property is older, very large or has uneven terrain. Think of it as insurance – important to have if something goes wrong, or if you move next door to Joe.

Document Your Fence Dispute

If you suspect you are being drawn in to a fencing dispute with your neighbor, document all communication. Keep notes, and avoid relying on memory to keep track of details. Seek professional help from a real estate attorney as early as possible to resolve the problem.

Know Your Rights. Protect Yourself.