Selma follows California's Good Neighbor Fence Act (Civil Code Sections 841 through 841.4) for shared boundary fences, which establishes a presumption that adjoining landowners share equally in the responsibility for maintaining the boundary fence between their properties. This state law provides a structured process for one property owner to notify their neighbor of the need to repair or replace a shared boundary fence, including a mandatory 30-day response period and cost-sharing provisions that can be enforced through small claims court if the neighbor refuses to contribute. Within Selma, SMC 11-20-14 governs the height, materials, and placement standards for fences on boundary lines, allowing up to six feet in side and rear yard boundary locations. The city does not have a local ordinance requiring the finished or more attractive side of a fence to face the neighboring property, though this practice is considered good neighborly conduct. Corner lots and properties near intersections must comply with visibility triangle requirements that limit fence heights to 42 inches or less within the sight triangle area to maintain safe sight lines for traffic. Property owners should verify exact property boundaries through a professional survey before constructing a fence on or near a boundary line, as encroachment onto a neighbor's property can create legal disputes over trespass and required removal.
California Civil Code Section 841 establishes the foundational principle that adjoining landowners are presumed to share equally in the responsibility for maintaining the boundaries and monuments between their properties. This includes the obligation to maintain fences that serve as boundary markers or division lines between adjoining parcels. The Good Neighbor Fence Act, codified in CC 841.4 and effective since January 1, 2014, provides a detailed statutory framework for handling fence construction, repair, and replacement disputes between neighbors. Under the Act, a property owner who wants to construct a new fence or repair or replace an existing boundary fence must provide written notice to the adjoining property owner at least 30 days before commencing work. This notice must include a description of the proposed fence project, the estimated cost, and a proposal for sharing the cost equally. The notice must be delivered by personal service or certified mail to the adjoining owner. If the adjoining owner does not respond within 30 days, or if they refuse to share in the cost, the initiating owner may proceed with the work and seek reimbursement for the neighbor's share through small claims court. The presumption of equal cost sharing applies unless one of several exceptions is met, including situations where the fence was damaged by one neighbor's negligence, where the fence primarily benefits only one property, or where the parties have a written agreement specifying a different allocation. In Selma, these state law provisions operate alongside the local fence standards of SMC 11-20-14. Boundary fences in side and rear yards may be up to six feet in height, using any materials permitted under the zoning code. The city does not have a specific local ordinance addressing the orientation of fence boards or the finished versus unfinished side of a fence. While it is common practice and generally considered good etiquette to face the more attractive or finished side of a fence toward the neighbor, this is not a legal requirement in Selma. Some fence designs, such as board-on-board or shadow box patterns, present the same appearance from both sides, eliminating the orientation issue entirely. Corner lots in Selma face additional restrictions related to intersection visibility. The sight triangle at intersections requires that fences, walls, and hedges within the sight area do not exceed 42 inches in height to ensure that drivers, pedestrians, and cyclists have adequate visibility at the intersection. This requirement overrides the general six-foot height allowance for side and rear yard fences when the fence falls within the designated sight triangle area. Property owners on corner lots should consult with the Selma Community Development Department to determine the exact extent of the sight triangle for their specific intersection. Before constructing any fence on or near a property boundary, residents should obtain a professional survey to verify the exact location of the property line. Building a fence on a neighbor's property, even by a few inches, constitutes a trespass and may require the fence to be removed or relocated at the fence builder's expense. Survey costs are a small investment compared to the potential cost and disruption of a boundary dispute.
Disputes over shared fence costs may be resolved through small claims court under the Good Neighbor Fence Act. Fences encroaching onto neighboring property constitute trespass and may require removal. Visibility triangle violations near intersections are enforced by code enforcement for public safety.
Selma, CA
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Selma, CA
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Selma, CA
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Selma, CA
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Selma, CA
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Selma, CA
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