FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
| Featured Attorneys | |
Offering legal representation to Landlord/Tenant clients in the LOS ANGELES area
|
(626) 432-5465
|
Fences FAQ
Do good fences really make good neighbors? These frequently asked questions may help you decide.
How high can I build a fence on my property?
In residential areas, local rules commonly restrict artificial (constructed) backyard fences to a height of six feet. In front yards, the limit is often four feet.
Height restrictions may also apply to natural fences -- fences of bushes or trees -- if they meet the ordinance's general definition of fences. Trees that are planted in a row and grow together to form a barrier are usually considered a fence. When natural fences are specifically mentioned in the laws, the height restrictions commonly range from five to eight feet.
If, however, you have a good reason (for example, you need to screen your house from a noisy or unsightly neighboring use, such as a gas station), you can ask the city for a one-time exception to the fence law, called a variance. Talk to the neighbors before you make your request, to explain your problem and get them on your side.
My neighbor is building a fence that violates the local fence law, but nothing's happening. How can I get the law enforced?
Cities are not in the business of sending around fence inspection teams, and as long as no one complains, a nonconforming fence may stand forever.
Tell the neighbor about the law as soon as possible. She probably doesn't know what the law is, and if the fence is still being built, may be able to modify it at a low cost. If she suggests that you mind your own business, alert the city. All it takes in most circumstances is a phone call to the planning or zoning department or the city attorney's office. The neighbor will be ordered to conform; if she doesn't, the city can fine her and even sue.
My neighbor's fence is hideous. Can I do anything about it?
As long as a fence doesn't pose a threat of harm to neighbors or those passing by, it probably doesn't violate any law just because it's ugly. Occasionally, however, a town or subdivision allows only certain types of new fences -- such as board fences -- in an attempt to create a harmonious architectural look. Some towns also prohibit certain materials -- for example, electrically charged or barbed wire fences.
Even without such a specific law, if a fence is so poorly constructed that it is an eyesore or a danger, it may be prohibited by another law, such as a blighted property ordinance. And if the fence was erected just for meanness -- it's high, ugly and has no reasonable use to the owner -- it may be a "spite fence," and you can sue the neighbor to get it torn down.
FAQs
- How do state laws apply to common-interest communities?
- What can I do if I have a problem with the developer of a condominium?
- What federal laws apply to common-interest communities?
- Can an owner obtain a variance from the association rules?
- What are covenants?
Real Estate Forms
Helpful tools and forms available for purchase.| Featured Attorneys | |
Real Property - Litigation & Transactions for Owners, Developers, Contractors & Buyers.
|
818-502-1700
|
Telephone Consultation Purchase, Sale & Broker Disputes of Residential & Commercial Property.
|
(310) 788-9089
|
Boutique firm focusing on real estate matters for sellers, buyers & contractors.
|
(213) 612-7701
|
Do you have a real estate contract dispute? If so call an attorney who understands your rights
|
(626) 228-0638
|
Download your Landlord - Tenant and Real Estate Contracts at USlegalforms.com!
Legal Ace.com offers turn key legal documents at affordable prices for business law, incorporations, trademarks, copyrights, wills, divorce and more.
Fast and friendly legal document service from LegalZoom, the #1 online legal document service
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.