California presumes that neighbors benefit equally from a fence dividing their properties and are equally responsible for the reasonable cost of building, maintaining or replacing it. The rule is Civil Code section 841, known as the Good Neighbor Fence Act. Owners can agree in writing to a different split.
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. Section 841 requires 30 days' written notice to the neighbor before the cost is incurred. The notice must tell them about the equal-responsibility presumption and describe the problem, the proposed fix, the estimated cost, the proposed split and the timeline. Without that notice a neighbor does not have to pay for half. A court can also reduce or cancel a neighbor's share, for example where the cost is out of proportion to the benefit, the project is more expensive than it needs to be, or paying would be a real hardship.
Who owns the fence between two properties?
If the fence stands entirely on one lot, it belongs to that lot's owner. If it stands on the boundary, section 841 treats it as benefiting both. In the 1950s and 1960s tracts around Mountain View the back fence was normally built on the line as a shared fence. A survey settles any doubt by showing the fence against the boundary.
Can my neighbor put up a fence without asking me?
Inside their own lot, generally yes, provided it follows the city's height and permit rules. They cannot build without asking me and then bill me for half, because section 841 requires the 30-day written notice first. A fence that unnecessarily exceeds 10 feet and was put up out of malice to annoy a 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 it through with the neighbor before anything else. The fence can be moved to the true line, or you can both sign a paper letting it stay. A fence that has been off the line for many years can raise legal issues, so see a real estate lawyer before you sign anything. If it has 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, when they picked the line or built past the survey markers. Send a written request to move it at their expense. Your position is weaker if you told them where to build. That is why a good estimate states where the fence goes and who located the line. If a licensed contractor refuses to fix it, the Contractors State License Board accepts complaints.
My neighbor and I agreed to split a new fence. How does the billing work?
Put it on paper first: where the fence goes, the material and height, the total price and each owner's share. A written agreement also takes the place of the equal split that section 841 presumes. We can lay out the estimate with the shared run on its own line and a share shown for each owner.
Three lots meet at my back fence. How is that handled?
One run at a time. It is common in the ranch and Eichler tracts here for a rear fence to border two neighbors, and each stretch is shared with the owner on the other side of it. Agree on one style and height for the whole line so it looks like one fence, and write each owner's footage and share into the agreement.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. No neighbor signature is needed for a fence placed wholly within your own boundary, as long as it meets city rules. Have the line located first. To ask the owner to share the cost of a 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. For a boundary fence, send the 30-day written notice under section 841 before removing it, even when you expect the neighbor will not pay. If you think a share is owed and it is refused, small claims court is the usual route. The court's self-help center or a lawyer can explain how.
My neighbor's tree roots are lifting our fence. Who handles that?
The roots are a job for an arborist and the fence is a job for us. Nobody should cut big roots before an arborist has seen them. Cutting can destabilize or kill the tree, and in Mountain View, Palo Alto and other towns here a large tree may be protected by city code. A common fence fix is to bridge the root with a longer span between posts.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
It can be stiffened with heavier posts, a bottom rail or a tension wire on your side. That only goes so far, because chain link is not built to hold back a load. Ask the owner in writing to move the material, and contact the city's code enforcement office if it stays.
We can only give a real price after seeing the yard. The on-site estimate is free. Call (408) 539-2396 or text us a photo of the fence line.