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Neighboring fence and rude neighbor

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Calikid

Junior Member
What is the name of your state (only U.S. law)? California. Do i need to lower my good neighbor fence?
Shared fence being rebuilt. The slats are 6 feet tall from home depot. They are installed 2 inches off the dirt to avoid rotting. It is a fence in the back yard. Neighbor is claiming its 6'7' and isn't. I took the measurkng tape out and measured. Am i legally able to leave it the height it is. I looked up the california code and it says 6 feet, but i could attach a topper of 2 feet legally. Eg barbed wire or lattice. That would be 8' realistically. He has been harassing us and the contractor that helped install it. Making threats of tearing it down. I never asked him to pay for any of it. I have half a new fence and half old. I dont want to spend the money and time to finish it, if he is going to ruin it. Please advise.
 


FarmerJ

Senior Member
Have a boundary survey done before you do any more work on this fence and once you know exactly where that boundary line is consider moving the fence say 3 inches /4 inches into your side of the lot line so this way its 100 % on your property and up off the ground enough to be able to slip a grass clipper under it to trim the grass so you can still make a effort to maintain those 3 to 4 inches. Of course if the neighbor damages it there is no way later they can claim partial owner ship of the fence if it is totally inside your lot line.
 

not2cleverRed

Obvious Observer
I believe it is on the lot line, but im having difficulties finding proof of the property lines.

This is not a shared fence, this is *your* fence.

In addition to getting a survey, check your local code requirements. Different communities have different requirements. You might be required to have 6 inches between your fence and the property line!

If there are no requirements for such an allowance, Farmer J's advise still stands: the post should be unambiguously on your property.

That way, if your neighbor does anything to the fence, he is trespassing. Do not confront him directly if he damages your property - file a report with the police, and go to small claims.
 

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