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darleenfranc…, Home Owner in Palmdale, CA

I have a question, I have a chain link fence that divides my property from my neighbors, is it community property, even if I paid for it?

Asked by darleenfrancessobieski, Palmdale, CA Sat Apr 20, 2013

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9
Hi darleenfrancessobieski,

"Community property" is a marital property term. Fences fall under the classification of a property fixture.

Depending on the accuracy of installation along the property line you may or may not have a shared fence with the neighbor. Interestingly enough, if the fence was truly placed on the property line you may be interested to know it is quite possible your Neighbor owes you some money as California Civil Code Section 841 states:

"Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them; 2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards encloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter."
[ http://law.onecle.com/california/civil/841.html ]

You may also find this site helpful:
http://www.nolo.com/legal-encyclopedia/fences-neighbors-faq-…

No matter why you have asked your question, seek legal advice about your specific situation if you believe any neighbor may be unreasonable or just want to know what your specific rights are.

-Steve
2 votes Thank Flag Link Sun Apr 21, 2013
Are you planning on taking it with you when you leave?
Other than that, what possible difference could it make?
1 vote Thank Flag Link Fri May 24, 2013
Community property, no that is for property aquired during your marriage.
1 vote Thank Flag Link Tue May 7, 2013
I think with fencing, you really need to know where you stand with the zoning ordinances that are in place before the community property question can be answered.
0 votes Thank Flag Link Mon Dec 2, 2013
Seems like you've got your answer I don't know what the chain link fence rule in Vancouver is, but I know I haven't ever found a triangle shaped chain link fence before. Anyone ever seen one or know where I can find a manufacturer.
0 votes Thank Flag Link Tue Jul 16, 2013
Actually Darleen the correct answer is most of the answers I see below, and None of the answers I see below. The correct answer will change from region to region. Most municipalities or local government will have Bylaws or an ordinance that covers this situation. It is a very common issue. Also if you were to actually have the property surveyed you may very well find that like many fences it is not really the true property line. So depending on how big the issue behind the question is you may need to do a little research to know what your rights are, OR Just build a bigger fence and forget you even have that neighbor lol I hope this helped
0 votes Thank Flag Link Tue Jul 9, 2013
If its on the property line its community peoperty, as we been to court for the very same matter in Lancaster.
It is best if you talk to your neighbors if you want to take it down and tell them what you want to put up instead to improve it. If they do not agree stay with what is there!
0 votes Thank Flag Link Mon May 13, 2013
I think if you paid for it than it is your property. We used to have a chain link fence in vancouver dividing houses as well and my neighbor had paid for it so we just always considered it as his.
0 votes Thank Flag Link Wed May 1, 2013
You paid for it, it is on your property, you maintain it. Why would it be community property?
0 votes Thank Flag Link Sun Apr 21, 2013
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