The law regarding fence and boundary line disputes is a combination of legislative statute and case law. 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. Fences provide aesthetic and security benefits to a property. One example of this is California's Good Neighbor Fence Law. According to the California Building Code, Chapter 1, Section 105.2., a permit isn’t required if the fence is less than 7 feet in height. October, 2017 Under California law, landowners and their adjoining neighbors are jointly responsible for constructing, maintaining, and replacing fences that divide their properties. ... Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. Fences under six feet high, or eight feet if … California Building Code Fence Requirements. 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. It requires 30 days' advance written notice, along with details about the proposed building, maintenance cost, timeline, and design. Traditionally, notice has not been required, but the trend is for communities to require neighbor notification. Fence Height and Permits. Sometimes even a hedge can act as a boundary. Read the code on FindLaw , . 3 § 16905. Pursuant to California law, trees and hedges planted in a row to form a barrier may be deemed a fence. In the next four paragraphs we will examine two relevant statutes as a background to understanding the case law that has evolved concerning fence and boundary lines. California Civil Code CIV CA CIVIL Section 841.4. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. California has a specific spite fence statute: “Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. Title to property is usually transferred by means of a deed. States’ Fence Laws STATE OF CALIFORNIA . Confinement of animals in rail transit; rest, water and feeding It is unlawful for any officer, agent, or conductor of any railroad in this state, to confine any animals in cars for a longer period than 36 consecutive hours if the animals are being carried or California Boundary Fence Laws. California’s spite fence law provides that any fence or other structure in the nature of a fence that unnecessarily exceeds ten feet in height and is maliciously erected or maintained for the purpose of annoying the owner of an adjoining property constitutes a private nuisance. Fences within required side or rear yard setbacks may be increased in height to seven feet if the top one foot is constructed of lattice (see Figure 18.150.040(A)), provided the fence complies with all other requirements of this section, including fence material limitations in subsection (E) of this section (Prohibited Fences).