California Agreement between Adjoining Landowners to Maintain Partition Fence
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How to fill out Agreement Between Adjoining Landowners To Maintain Partition Fence?
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FAQ
California law limits the height of a fence in residential areas to around 4 feet in the front yard and 6 feet in the backyard.
Under California's Building Code, you must obtain a permit before building a fence that will be over 6 feet tall unless the top 2 feet of the fence will be barbed wire. For a front yard fence, the maximum height is 42 inches. For a backyard fence, the maximum height is 72 inches.
If a fence is constructed on the boundary line between your property and your neighbor's, California's Good Neighbor Fence Act says that the two neighbors must evenly split the costs of fence construction, maintenance, and eventual replacement.
Secondly, California law presumes that both owners benefit equally from the boundary fence, and therefore are equally responsible for the reasonable costs of construction and maintenance. However, this is not an absolute rule and can be rebutted with additional evidence.
The Good Neighbor Fence Act in California establishes the principle of equal responsibility for building, maintaining, and repairing boundary fences between neighboring landowners. It promotes cooperation and fairness by ensuring that costs and responsibilities of fence ownership are shared equally.
Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.
California Civil Code Section 842 has a clear message about neighbors and fences: ?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 ...
Boundary fences, also known as division fences, are erected on property lines to separate adjoining properties. California law recognizes that both property owners benefit from a well-maintained boundary fence and, therefore, share equal responsibility for its upkeep.