The existing division between our home and our neighbor's property is light chain link and spare vegetation. We lack privacy and our neighbors are very disagreeable people. We have just completed a survey with a licensed surveyor, and we wish to erect a fence or wall on the boundary line, but we do not expect our neighbors will agree to it or agree to share the cost. Can we imply erect the boundary fence or wall without the neighbor' permission?
Generally, yes. However, if you live in a common interest development there may be special rules and regulations which you need to consult first. In addition, you will have to consult your local ordinances regarding height, etc., and you should not, without your neighbor's agreement, remove the chain link fence. Your fence should be entirely on your property. A reputable fencing contractor in your area should be familiar with your local regulations.
Words of caution: Do not erect a “spite fence.” Civil Code Section 841.4: “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.”
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
2 lawyers agree