Fences often spark disputes between neighbors due to boundary line confusion, privacy concerns, or maintenance costs. Fortunately, California Civil Code §841, also known as the California Good Neighbor Fence Law, provides guidance on handling these issues.
What Is the California Good Neighbor Fence Law?
Under the California Good Neighbor Fence Law, fences that sit on a property boundary line are presumed to be shared structures, meaning both property owners are equally responsible for their upkeep and expenses unless agreed otherwise.
Key provisions of the law include:
- Equal Cost Sharing: Both neighbors must contribute equally to the costs of installation, maintenance, and repairs unless a prior agreement states otherwise.
- Written Notice Requirement: A property owner planning to build or repair a shared fence must notify their neighbor at least 30 days in advance with written notice that includes details of the work, cost estimates, and the reasoning for the repairs or construction.
- Maintenance Expectations: The fence must be kept in good condition, free from rot, rust, or damage that affects its functionality.
- Exceptions to Cost Sharing: If a neighbor can demonstrate they do not benefit from the fence (e.g., their property is vacant), they may be exempt from contributing to costs.
How to Handle Cost-Sharing & Communication
To comply with the Good Neighbor Fence Law and avoid disputes, follow these steps:
- Confirm the Property Line: Before building or repairing a fence, obtain a property survey or review your deed to verify boundary lines.
- Notify Your Neighbor: Draft a written notice detailing:
- The issue with the existing fence or the need for a new one.
- An estimated cost breakdown for installation or repairs.
- A timeline for completion.
- Provide a Cost-Sharing Agreement: A sample fence cost-sharing letter should include:
- The reason for the proposed repair or construction.
- The estimated cost and each party’s share.
- A proposed resolution and consequences for non-compliance.
If a neighbor refuses to cooperate, legal action can be pursued within 21 days of their receiving the notice.
Common Fence Disputes & Resolution Methods
Homeowners frequently face the following disputes:
- Responsibility for repairs: Who must pay for damages to a shared fence?
- Aesthetic disagreements: What happens if one neighbor wants a different style or material?
- Encroachment issues: Can a neighbor build a fence on your property?
- Unauthorized fence removal: What if a neighbor removes a fence without consent?
Legal Steps to Resolve Disputes
- Mediation: A neutral third party helps resolve disagreements amicably.
- Small Claims Court: If cost disputes remain unresolved, neighbors may seek financial recovery through small claims court.
- Litigation: In extreme cases, real estate litigation attorneys can assist with legal action, including encroachment claims or boundary disputes.
- Property Line Agreements: Neighbors can negotiate a formal boundary agreement to avoid future conflicts.
California Rules on Fence Height & Location
- Front yard fences typically have a maximum height of 3 to 4 feet.
- Backyard fences can generally be up to 6 feet high.
- Corner lots and properties with visibility concerns may have additional restrictions.
- Decorative fences often have fewer height restrictions compared to privacy fences, which usually max out at 3 feet in certain areas.
Encroachments & Unauthorized Fence Removal
If a neighbor’s fence is built on your property, you have legal options:
- Verify property boundaries by hiring a surveyor.
- Communicate with your neighbor about the encroachment.
- Request a boundary agreementif both parties agree to leave the fence in place.
- Seek legal remedies if the neighbor refuses to adjust the fence, which may include removal or damages for encroachment.
Additionally, removing a neighbor’s fence without permission can result in legal consequences, including trespass claims and financial penalties. Homeowners must follow proper legal channels before taking action.
HOA Regulations & Local Ordinances
- HOAs must comply with state lawbut may impose additional aesthetic or structural requirements.
- City and county rules may vary, so check local government websites for permit requirements before constructing a new fence.
Final Thoughts on California’s Good Neighbor Fence Law
Navigating fence disputes can be legally complex and stressful. Open communication and written agreements are the best ways to prevent conflicts. However, if disagreements persist, seeking legal assistance may be necessary.
At Vokshori Law Group, our real estate lawyers specialize in resolving real estate disputes, including those related to fence maintenance, encroachment, and property line issues. If you’re facing a fence-related legal challenge, contact us today at (855) 855-2608 or visit www.VokLaw.com to schedule a consultation.
