California law presumes that neighbors benefit equally from a fence on their shared boundary and are equally responsible for the reasonable cost of building, maintaining and 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, speak 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, but the law sets conditions. An owner who wants the neighbor to share the cost must first give 30 days' written notice under section 841. The notice must mention the presumption of equal responsibility 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 may also set a different split if equal shares would be unjust, for instance when the cost is out of proportion to the benefit for one owner or would cause that owner financial 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 older Fresno neighborhoods, fences were often rebuilt a foot or two off the true line, so only a survey tells you which case you have.
Can my neighbor put up a fence without asking me?
Yes, if it is on their side and follows the city's height and material rules. They cannot build without asking me and afterward demand half the cost, because section 841 calls for the 30-day written notice first. Separately, Civil Code section 841.4 treats a fence that unnecessarily exceeds 10 feet, built out of malice to annoy a neighbor, as a private nuisance.
A survey shows the fence is on the wrong side of the line. Now what?
Talk to your neighbor before anything else. The two of you can move the fence to the surveyed line, or sign 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. If the survey shows the fence has to move, we can take it down and rebuild it on the line.
The contractor built my new fence over the property line. Who fixes it?
If the contractor picked the line or ignored the surveyor's markers, the contractor should. Send a written request to have it moved at no cost to you. If you showed them where to build, your position is weaker. That is why the estimate should state where the fence goes and who marked the boundary. When 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 it on paper before work starts: where the fence goes, the material and height, the total price and each owner's share. A signed agreement takes the place of the equal split that section 841 presumes. On our estimate we can show the shared run separately, with each owner's part listed.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence that is wholly on your own lot needs to meet city rules, not the neighbor's approval. Have the boundary marked first. If you want the owner to pay a share of a boundary fence, mail the 30-day written notice to the owner's address on record with the county 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?
If the fence is on your land, you can replace it. If it is on the boundary, send the 30-day written notice under section 841 before you take it down, even when you expect a refusal. If you believe the neighbor owes a share and still will not pay, small claims court is where most people 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 a wider bay or a raised bottom rail so it clears the root.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
To a degree. Stronger posts, a bottom rail and a tension wire will make it stiffer. Chain link is still not built to hold back a load, and it will keep bowing while the weight is there. Ask the owner in writing to move the material. If that fails, report it to code enforcement for your city or the county.
We only know the real price after we measure your yard. The estimate is free and comes in writing. Call (559) 719-6557 or text us a photo of the fence line.