California law presumes that two adjoining owners benefit equally from the fence between them and are equally responsible for the reasonable cost of building, maintaining or replacing it. This is Civil Code section 841, known as the Good Neighbor Fence Act. The owners can agree to something different in writing.
This page is general information, not legal advice. For a dispute, talk to a lawyer or to your city.
Does my neighbor have to pay for half of a new fence?
That is the starting presumption for a boundary fence, with conditions. An owner who wants the neighbor to share the cost must first give 30 days' written notice under section 841. The notice describes the problem with the fence, the proposed solution, the estimated cost, the proposed split and the timeline, and it tells the neighbor about the equal-responsibility presumption. Without that notice the neighbor does not have to pay for half. A court can also order a different split if equal shares would be unjust, for instance where the cost is out of proportion to one owner's benefit, causes financial hardship, or reflects one owner's taste more than need.
Who owns the fence between two properties?
If the fence is entirely inside one lot, that lot's owner owns it. If it is on the boundary, section 841 treats it as benefiting both owners. If you do not know which it is, a survey shows where the fence stands in relation to the line.
Can my neighbor put up a fence without asking me?
On their own side of the line, generally yes, provided it follows local height rules. They cannot put one up without asking me and then bill me for half, because the 30-day written notice has to come first. A fence that unnecessarily exceeds 10 feet and was built out of malice to annoy the neighbor is a private nuisance under Civil Code section 841.4.
A survey shows the fence is on the wrong side of the line. Now what?
Talk to the neighbor before doing anything. The two usual outcomes are moving the fence to the surveyed line or signing a written agreement that lets it stay. A fence that has been off the line for many years can raise legal questions about the strip of land, so see a real estate lawyer before you sign. When the fence does have to move, we can rebuild it on the surveyed line.
The contractor built my new fence over the property line. Who fixes it?
The contractor should, if they picked the location or built past the survey marks. Put the request to move it in writing. If you told them where to build, it is harder to make them pay. A good estimate states where the fence goes and who identified the line. If a licensed contractor refuses to correct it, you can file a complaint with the Contractors State License Board.
My neighbor and I agreed to split a new fence. How does the billing work?
Put the deal in writing first: where the fence goes, the material, the height, the total price and each owner's share. A signed agreement also takes the place of the equal split the law would presume. We can write one estimate that shows the shared run and each owner's portion as separate lines.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. You do not need a neighbor's consent for a fence that is entirely on your own land, only compliance with local rules. Have the line marked first. If you want the absent owner to share the cost of the boundary fence, mail the 30-day written notice to the owner's address on record and keep a copy.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
A fence on your own land is yours to replace. If it is the boundary fence, send the 30-day written notice under section 841 before taking it down, even if you already know the answer. If the neighbor still refuses a share you think is owed, small claims court is where owners usually take it. The court's self-help center or a lawyer can explain how.
My neighbor's tree roots are lifting our fence. Who handles that?
An arborist looks at the roots and a fence contractor deals with the fence. Large roots should not be cut until the arborist has seen them, since cutting can kill or destabilize the tree and start a second dispute. Often the fence can be rebuilt with the post spacing changed so it bridges the root.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
Up to a point. Heavier line posts, a bottom rail and a tension wire make chain link stiffer. It is still not built to hold back pallets, soil or scrap, and it will keep bending under load. Ask the owner in writing to move the material. If that fails, contact your city's code enforcement office.
We can only give a real number after seeing the fence line. The estimate is free. Call (209) 231-7679 or text us a photo of the yard.