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Legal Obligations

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Fences

San Francisco's densely spaced backyards often cause confusion over boundary fences. Whose responsibility is it to maintain a common fence? If the structure is damaged or collapses, who pays for the repairs?

Issues like these can be complicated. If you and a neighbor cannot amicably settle the issue — and a reasonable discussion is always the best first step — you might want to bring in a surveyor to determine whose property the fence sits on. The San Francisco Planning Department can also provide you with the exact dimensions of your yard. Whoever owns the property on which the fence sits is the responsible party. Ultimately, you might have to contact a lawyer to advise you on your specific rights and responsibilities, particularly if the fence straddles both properties or it seems in danger of collapsing and your neighbor refuses to do anything about the problem. Alternatively, disputing parties have the option of going to the Community Boards of San Francisco for help in resolving their conflict.

Neighborhood associations may also attempt to place limits on the size, color, and style of fences, but these restrictions are not recognized as legally binding by the City of San Francisco. In addition, although views are a prime feature of many San Franciscan homes, only light and air remain protected by law — views do not. The Municipal Code allows front yard fences to be a maximum of three feet, if solid, or six feet if 75% open, such as a picket fence. Backyard fences may be a maximum of 10 feet in height, whether solid or open. The City requires that you obtain a permit for certain alterations to your property, but you do not need a permit for a wood, metal or plastic fence standing a maximum of six feet high and located at the rear and side-lot boundary lines of your property. Any fence standing a maximum of three feet high in the front of your property would not require a permit either.