Neighbors, fences and easements
I just bought a house and found out the neighbor's fence is on my property. Do I have to accept it?
Based on an interview with Josué Cristóbal Guerrero, Founding Partner, recorded .
The short answer
Not necessarily. Get a survey first to be sure you are right. In general a fence belongs to whoever's property it stands on, so a fence inside your line is usually yours. A fence on the line is a common boundary fence, and neither neighbor can change it without the other's permission or a judge's order.
Whose fence it is
If the fence stands on your land, it is generally your fence. Talk to a lawyer before you take it down, though, because a long-standing fence can come with arguments you will want to hear first, such as an agreement about where the boundary is.
A fence on the line is shared. If your neighbor will not agree and is being unreasonable, you can ask a judge for permission by filing a claim. California also presumes neighbors share the reasonable cost of a dividing fence, and the owner planning the work must give 30 days' written notice.
Will title insurance cover it?
It depends on the policy. An ALTA policy that comes with a survey covers encroachments. A CLTA policy has no survey and generally does not. Title insurance is mostly concerned with whether your ownership, an easement or a mortgage is valid. Because the survey version costs more, few buyers have it, though we recommend it. Read your own policy before assuming either way.
Can the neighbor claim the land?
Rarely. Adverse possession requires paying the property taxes, and you cannot pay part of someone's tax bill, so taking a strip along a fence line is very hard to fit within the rule. A prescriptive easement cannot be exclusive, and a fence that shuts the true owner out of the strip is exclusive use. A court can still sometimes let an innocent encroachment stay in exchange for payment, through what is called an equitable easement.
- Civil Code section 841. Neighbors are presumed to share a dividing fence's benefit and reasonable costs, with 30 days' written notice before incurring costs.
- Code of Civil Procedure section 325. Adverse possession requires five years of occupation and timely payment of all taxes assessed on the land.
This answer is general information about California law and is not legal advice for any specific situation. Deadlines and exceptions turn on your facts. Code sections were checked against California Legislative Information on November 4, 2026.
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