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Laws on Garden Fencing

Updated February 21, 2017

Those considering erecting a garden fence to protect their garden would be well-advised to research the laws. Even if the garden fence is built entirely on your property, that doesn't mean you can design it anyway you like.

Know Your Boundaries

A garden fence must be within your own property boundaries. Often times, the property boundaries can be found on the title deed of the home. Anything that grows over your fence and into your neighbours property may be trimmed if it becomes a nuisance to your neighbour. For example, tree trimming laws in California allow neighbours to trim portions of a tree that grow into their property, as long as the health of the tree isn't damaged.

Height Laws

When building a garden fence you must always be aware of the laws regarding how high the fence can be. Most local authorities state that a garden fence cannot be taller than 6.5 feet. A fence higher than 6.5 feet typically requires obtaining a permit from the local municipality.

Party Fences

Under some circumstances, both neighbours may have equal legal access and responsibility for a garden fence. These types of fences are known as "party fences," and they stand directly on the dividing line that separates the two homes. If you own part of a party fence, you must help maintain your portion of it.

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About the Author

Based in California, Noel Shankel has been writing and directing since 2002. His work has been published in "Law of Inertia Magazine." Shankel has a Bachelor of Arts in film and writing from San Francisco State University.