Fencing between neighbours is often a point of discussion, especially when it comes to responsibilities, costs, and aesthetics. In West Covina, California, as in many other municipalities, there are clear guidelines and laws in place to help resolve fencing disputes and outline the responsibilities of property owners. One of the most important regulations governing fences in West Covina is known as the “Good Neighbor Fence Law.”
This law is designed to ensure that both property owners share responsibility for boundary fences, promoting cooperation and fairness. In this blog post, we’ll explore the details of the Good Neighbor Fence Law in West Covina, what it entails, and how it impacts homeowners.
What is the Good Neighbor Fence Law?
The Good Neighbor Fence Law is a California law that encourages and establishes guidelines for property owners to build and maintain fences along their shared property lines. The purpose of this law is to ensure that both neighbours contribute fairly when it comes to the construction, repair, and maintenance of boundary fences, which serve as a visual and physical barrier between properties.
While the law applies statewide, each city, including West Covina, may have its own additional regulations or specific provisions that align with this general framework.
Key Provisions of the Good Neighbor Fence Law
The Good Neighbor Fence Law generally outlines several key principles and guidelines, including:
Shared Responsibility
According to California Civil Code Section 841, property owners who share a boundary line are generally required to share the costs of building and maintaining a fence along that boundary. Both neighbours are presumed to have a shared interest in the wall. They, thus, should contribute equally to the fence’s construction or repair unless otherwise agreed upon in writing.
- Who Pays for the Fence?: The law presumes that both neighbours will split the costs of constructing or repairing a boundary fence equally. This includes both the physical costs of materials and labour associated with building the wall. Suppose one neighbour refuses to contribute to the fence’s construction or repair. In that case, the other neighbour may be able to seek legal action to recover the costs.
- Fencing Materials: While the law doesn’t specify the exact materials to be used, neighbours need to come to an agreement on what type of fence will be built. Whether it’s a wooden, metal, or vinyl fence, both neighbours should discuss and agree on the style and materials used to avoid future disputes.
Notice Requirement
Before starting the construction or repair of a boundary fence, California law requires that the neighbour who intends to build or repair the wall must notify the other neighbour of their intentions. This notice should ideally be given in writing, allowing both parties time to discuss the matter.
- Formal Notification: The property owner planning to install or repair the fence should notify the adjacent neighbour at least 30 days before work begins. This gives the neighbours an opportunity to discuss the project, resolve any issues, or reach an agreement regarding costs and materials.
- Written Agreement: Although not required, it’s a good practice to get any agreements in writing. Suppose both neighbours can agree on the specifics of the fence. In that case, a written document helps to avoid potential disputes in the future.
What Happens if Neighbors Disagree?
In situations where neighbours disagree on the costs or the design of a fence, the law offers some guidance but doesn’t mandate a specific resolution. Here’s what can happen if a disagreement arises:
- Mediation: Neighbors may attempt mediation to reach a resolution. Mediation is a process in which a neutral third party facilitates a discussion and helps both parties come to a mutually agreeable solution. Many local governments, including West Covina, offer mediation services to help resolve neighbourhood disputes.
- Court Resolution: If mediation doesn’t work, neighbours may take the matter to a small claims court or civil court to resolve the issue. The court can issue a judgment requiring one or both neighbours to pay for the costs of the fence.
Maintenance and Repair
Once a fence has been built, both neighbours share responsibility for its maintenance. Suppose one neighbour notices that the wall is damaged or deteriorating. In that case, they must inform the other neighbour, and both should contribute to the repair costs.
- Routine Maintenance: While major repairs may require a new agreement between the neighbours, routine maintenance such as painting, sealing, or replacing minor components should be shared. The goal is to keep the fence in good condition, ensuring it continues to serve its purpose as a boundary.
Exceptions to the Rule
While the Good Neighbor Fence Law generally requires neighbours to share the cost of a boundary fence, there are some exceptions and conditions:
- No Fence Required: If a wall is not necessary (for example, if one neighbour doesn’t want a wall, and the other agrees), the law doesn’t force either party to build one.
- Private Agreements: Neighbors can create private agreements that differ from the standard Good Neighbor Fence Law. For example, one neighbour may agree to develop and pay for the entire fence if the other agrees to not have any objections to the design.
- Encroachment: If a wall is being constructed on one neighbour’s property and encroaching on the other’s property, there may be additional legal implications, and the neighbour whose property is being encroached upon may have the right to request its removal or modification.
The Good Neighbor Fence Law in West Covina, California
West Covina, like many cities in California, follows the state’s Good Neighbor Fence Law with additional local ordinances that may affect how fence construction and maintenance are handled in the area.
While West Covina does not have a distinct “fence law,” the city does have specific zoning regulations that govern the height, design, and placement of fences:
- Zoning and Fence Height: West Covina typically enforces local zoning ordinances that regulate how high fences can be built in different areas of the city. Residential properties usually have restrictions on fence height, often limiting it to 3-6 feet in front yards and higher fences in backyards.
- Permits for Fence Construction: Depending on the size and type of the wall, you may need a permit before building it. It’s essential to check with the City of West Covina’s Planning Division to verify if a license is required for your specific project.
What You Should Do Before Building a Fence in West Covina
Before you decide to build a fence along your boundary line in West Covina, here are a few steps to take:
- Review Local Zoning Regulations: Check with the City of West Covina’s Planning Division to ensure that you comply with any local zoning laws or building codes regarding fence height, placement, and materials.
- Talk to Your Neighbor: Have an open and honest discussion with your neighbour about the planned fence. Make sure both parties agree on the design, cost-sharing, and any other relevant details.
- Notify Your Neighbor in Writing: If you’re the one initiating the fence construction or repair, provide written notice to your neighbour at least 30 days in advance, as required by law.
- Consider Mediation: If any disputes arise during the process, consider mediation to resolve the issue amicably. This is often a cost-effective and time-efficient way to handle disagreements.
Conclusion
The Good Neighbor Fence Law in California is designed to ensure fairness and promote cooperation between neighbours when it comes to constructing and maintaining boundary fences. In West Covina, homeowners are encouraged to communicate openly with their neighbours and follow both state and local regulations to avoid conflicts.
By understanding the rules regarding fence construction, maintenance, and costs, you can ensure that your fencing project is completed legally, efficiently, and harmoniously with your neighbour. Whether you’re building a new fence or repairing an existing one, make sure to follow the law and collaborate with your neighbour to keep your property line boundaries clear and protected.