Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy. Under the adverse possession doctrine, someone could legally take possession of the property if they live there long enough. An easement that does not benefit a particular tract of land, such as a gas transmission pipeline, is termed an "easement in gross." California is a community property state. If someone has an issue with the height, material or appearance of his neighbor’s fence, he should first check with his city neighborhood association to determine which local rules apply. California Law for Homeowners Maintaining Shrubbery Property Line Landowner's Duty. California law is pretty straightforward when it comes to responsibility for fences between adjoining neighbors. Under section 833 of the California Civil Code, if a tree’s trunk stands completely on the land of one person, that person is the sole owner of the tree even if the tree’s roots spread into the neighbor’s land. “Spite fence” law is covered under Section 841.4, which says: “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.”. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. section 3346 of the California Civil Code, California Legislative Information: California Civil Code: Obligations of Owners [840 - 848], California Legislative Information: California Civil Code: Boundaries [829 - 835], California Legislative Information: California Civil Code: Trespass to Timber, Legal Beagle: Tree Maintenance Law in California, Legal Beagle: How to Find Property Lines in the Woods. In California a duty is imposed upon a landowner to prevent nuisances that could adversely affect the property of an adjoining owner of land. Property line disputes can and do arise as between adjoining land owners. The spite fence law, which refers to ​any fence or structure that stands over 10 feet tall​ and is put up in order to ​annoy the neighbor​, is also contained in section 841. In California, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). Observing the property line tells you where you can place fences and other items without encroaching on neighboring land. Statutes may clearly define joint responsibility, but when it comes to putting these laws and standards into practice, disagreements can surely arise. Your neighbor plans to erect a fence on the property line or boundary between your adjoining residences and wants you to pay half the cost. These agreements are made official and binding by making and signing deeds that describe in detail the agreed upon property line. As gruesome as it is, California dictates exactly what will happen to your intestate estate if you are purposefully murdered by someone related to you. You should consult an attorney for advice regarding your individual situation. The BOE acts in an oversight capacity to ensure compliance by county assessors with property tax laws, regulations, and assessment issues. As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. In this post, our Los Angeles based real estate attorneys discuss 5 things to consider whenever you are dealing with a lot line, boundary or neighbor dispute. “Nuisance” is usually defined as a substantial interference with the “right to use and enjoy” the land and it … The confusion over property boundaries is the basis of many neighbor disputes, including encroachments (or perceived encroachments) on one's property. (To learn what you must prove in order to get actual damages, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) If your neighbor has a fence, a structure or a new addition to his home that crosses your property line, this could end up becoming a boundary dispute . The property they ultimately garner is still dependent on their relation to you, just as if they were citizens or legal immigrants, according to California inheritance laws. In California, adverse possession laws allow for a person to legally claim ownership over a property by paying taxes and staying there for a certain amount of time. Who is responsible for fences and their construction and maintenance? Property lines laws provide guidance for boundary fences, private nuisance laws and tree trimming. The encroachment may constitute a trespass or a nuisance. An express easement is created by deed, contract, or other writteninstrument. California definitely works in favor of the landlord or landowner (as long as they have not abandoned the property or failed to maintain it). Section 845 of the Civil Code states that maintaining and repairing the easement “shall be shared proportionately to the use made of the easement by each owner.”. If you're in the business long enough, you'll likely have to go through the eviction process at least once. For many California taxpayers, the property tax bill is one of the largest tax payments they make each year. A property line is a legal boundary line that defines your property and separates it from your neighbor’s. Legal Beagle: How to Write an Encroachment Notice. Additionally, inflicting deliberate harm to a tree is a ​crime​ in California under section 384a of the California Penal Code. The property line, also known as the ​boundary line​, is the defined point where one property owner’s land ends and the neighboring land starts. Illinois Laws on Property Lines. According to California law, if a tree's trunk rests solely on the property of a landowner, that person owns the tree, but if the trunk stands between two neighboring properties, then both landowners own the tree and are equally responsible for its maintenance. Disputes over fences and boundaries — and even overhanging trees — certainly do arise, and applicable laws exist to help settle the dispute. A "license" is a form of limited revocable permission to use property (for example, enter a theater and view a film) that does not impact the title to the property. Under section 3346 of the California Civil Code, a person can sue for ​three times​ the amount of actual damages. If the language of the documentwhich created the easement is clear and unambiguous, courts are prohibited fromconsidering extrinsic evidence in ascertaining the intention of the parties. We purchased an old house in Shoreline, WA, knowing we'd need to do a lot of work on it. If you’re in San Francisco or nearby in Oakland, San Jose, San Mateo, Santa Clara, contact our experienced real estate law attorneys at Wood Litigation, APC, immediately for an initial consultation. Must the encroachment over the boundary line be removed or may it legally remain in place? California law is pretty straightforward when it comes to responsibility for fences between adjoining neighbors. Community Property and Separate Property. California Property Lien Statutes - California Mechanics Lien Law. What qualifies as an Adverse Possession? California’s Property Line and Fence Laws, New risks for sexual harassment in the workplace, 5 Ways Owners and Managers Can Become Personally Liable. California has very strict laws as to tree trimming. Can you sue a neighbor over fence issues? 841. California residents have the right to trim any portion of a tree they legally own. The rest of this section will explain those laws. A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. (b) (1) 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 … When a building or other structure is constructed onto adjoining land, or into its airspace without permission or consent, the infringement is referred to as an Encroachment. Property owners need to be aware of the process so they can avoid financial and legal pitfalls. Neighbor's Rights. A nuisance is an activity or condition that impairs the … A trespasser’s possession must, in California, be (i) hostile (against the right of the true owner and without permission); (ii) actual (exercising control over the property); (iii) exclusive (in the possession of the trespasser alone); (iv) open and notorious (using the property as the real owner would, without hiding his or her occupancy); and (v) continuous for the statutory period (which is five years … He is also required to provide a description of the existing issue with the fence, plus how he proposes to remedy the issue, how long the work is likely to take, and the estimated cost. Another common dispute involves a fence that is erected directly on the property line between two homes. If someone else is actively living on the property, a squatter might be performing a criminal trespass. Property Tax. The information you obtain at this site is not, nor is it intended to be, legal advice. If you’re in the San Francisco area, contact Wood Litigation, APC, should you and a neighbor get involved in a dispute over fencing or property lines and boundaries. California Property Law on Trimming Trees Near Property Lines Ownership Laws. Search for California property lines. She has written for many digital publications, including The Washington Post, Forbes, Vice and HealthCentral. Under California law, a presumption exists that the owners/occupiers of neighboring properties derive equal benefit from the boundary fence, and therefore, they should be ​jointly liable​ for the reasonable costs of constructing and maintaining it. California law requires that homeowners in SRA clear out flammable materials such as brush or vegetation around their buildings to 100 feet (or the property line) to create a defensible space buffer. The law dictates that a person must act ​reasonably​ and avoid negligently damaging or killing the tree. But this is not an absolute rule, and it can be challenged with additional evidence, such as a written agreement between the two parties stating otherwise. California Tree Damage Laws. Sections 829-835 further define the responsibilities of adjacent owners, detailing what rights landowners have on the properties they hold “in fee.” For instance, trees on one owner’s property, even if its roots extend to an adjoining property, belong to that owner and no one else can harm the tree under penalty of law. Pursuant to the agreed boundaries doctrine, if the exact location of a property line is unknown and two adjacent property owners agree to erect a fence where they think the property line belongs, and the fence remains for five consecutive years, the fence may be deemed the new property line. If someone’s tree is negligently damaged by another person, the ​tree owner may recover actual damages​, typically the cost of the tree and the cost of a replacement tree. We know the prevailing laws and can help guide you to a resolution. This section describes mechanics liens and steps that can be taken to avoid them. Property lines aren't usually visible unless you or your neighbor has a fence. The statute requires a landowner desiring to replace, repair, or install a fence on the property line with another landowner to send that neighbor a 30-day notice of that intent, asking for their participation cost-wise. Evictions are awful - perhaps the worst task property managers must perform. Are Non-Disclosure Agreements Enforceable in California. California inheritance laws also known as intestate succession laws, outline how the decedent's property passes to his/her immediate family members or other heirs down the line of genealogy. The Property Line. In California, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in … Typically it is a dispute amongst adjacent owners of real estate concerning their boundary lines and whether either party has developed the right to extend beyond their legal property lines. Property line laws are contained within California Civil Code. Encroachment exists when a fence, wall, patio, or other structure extends beyond the property line onto another owner’s property. The right to trim a tree ends at the property line. Under California Civil Code 841, neighboring landowners share equal responsibility for the costs of construction, maintenance or replacement of boundary fences. Homeowners facing disputes over issues crossing their property line, whether fencing, trees, easements, or simply harassment, shouldn’t go it alone. If a tree splits into two trunks, with one trunk growing on one side of the property line and another trunk growing on the other side of the property line, the . ​Read More:​ How to Find Property Lines in the Woods. The provisions of the California statutes that permit the filing of mechanics liens and materialmen's liens can be found at California Civil Code 8000 through 9566 et. What are the laws about property lines and "grandfathered" easement? ​Read More:​ Tree Maintenance Law in California. However, if a tree’s trunk is partly on one property and partly on the neighboring property, the property owners/occupiers share ownership and responsibility for the tree. What happens if an owner goes ahead and constructs a fence without giving notice — or giving notice that is not responded to — and that fence is clearly meant as an act of retaliation, deliberately obstructs the neighbor’s view, or is patently unsightly? Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid. 17. It’s one thing to love thy neighbor. This right of way is called an easement. The state also has strict laws on tree trimming; a person must act reasonably and avoid negligently damaging or killing another person's tree. The two owners may agree to a boundary of their choosing and settle the issue, which is known as the “agreed-boundary doctrine.” Otherwise, the encroached-upon property owner can take legal action. This means that a marriage or the registration of a domestic partnership makes 2 people 1 legal “community.” So property that the couple acquires during marriage/partnership is “community property.” In California, specific laws allow you to recover additional damages if someone deliberately damages your tree. In this situation, who has responsibility is it to maintain and care for the fence? The costs involved must be ‘reasonable,’ and backed up by evidence o… If you “harm” a tree on another’s property, you can be sued for restitution, often the cost of replanting the tree. Under California law, trees or shrubs that grow across a property line can be considered a nuisance. California Laws on Property Lines and Fences. boundary line, where the trunk is located partly on the land of two or more coterminous owners, the tree belongs to all of them in common. That’s why you need a strong legal team on your side to explain the law, assess the situation, and arrive at a resolution that protects you and your property rights. Contacting us does not create an attorney-client relationship. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. Section 841 of the Civil Code — also known as the Good Neighbor Fence Act of 2013 — states: Before one neighbor begins work on a fence, he must give the other neighbor at least ​30 days’ notice​. entire MUST-KNOW INFO FOR PROPERTY MANAGERS: California Eviction Laws. California law is very particular about this. Is this legal in California? This helps halt the progress of an approaching wildfire and keeps firefighters safe while they defend your home. In other words, if you don't have a Will or estate plan, California inheritance laws determine who gets what when you die. A person ​may not cut down or damage a tree on her neighbor’s land​ under any circumstances. Introduction. Claire is a qualified lawyer and specialized in family law before becoming a full-time writer. But in California, where the houses are usually close together, it’s good to have privacy too. 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