Shared Fences in California: Whose Responsibility? (2024)

FAQs

Who is responsible for fixing a shared fence in California? ›

According to 841, both parties are assumed to equally benefit from the shared fence. Therefore, both have equal responsibility for fence maintenance, construction, and replacement costs. If you live in a HOA community, HOA fence rules may require this as well.

If a fence is constructed on the boundary line between your property and your neighbor's, California's Good Neighbor Fence Act says that the two neighbors must evenly split the costs of fence construction, maintenance, and eventual replacement.

Most state laws or local ordinances cast responsibility for maintaining boundary fences on the owners who use the fence unless an agreement indicates otherwise. The law places responsibility on both parties because both enjoy the fence. So, both property owners must share the cost when a fence needs repair.

Generally, a fence shared by two or more landowners will require those owners to equitably share the costs for building, maintaining, or replacing the fence. However, there are certain clauses that exempt an owner from sharing the fence costs: The neighbor can prove that the fence has less benefit for them.

Get it in Writing. If your neighbors are open to sharing the cost and responsibility for a new fence, arrange a convenient time to meet with them and discuss the estimates. Talk about materials, costs, timeline and other details. If you decide to move ahead with the project, write up an agreement.

Yes, when installing a new fence, removing or replacing an existing fence. Chain links, wood, wrought iron, retaining walls 2 feet and higher or garden wall 3 feet and higher require a building permit.

If the fence is between the two properties, it's customary to split the costs between the property owners. However, if it's solely on your property or theirs, whoever owns the property the fence is located on should expect to pay the total cost of installation and maintenance.

Spite fences are fences constructed purely to annoy a neighbor. They're usually tall, ugly, or both. Spite fences are typically made of metal or wood, but they can also be made up of trees or shrubs.

If the fence is damaged or needs replacement, generally, both Neighbor A and Neighbor B must pay for repairs or replacement 50/50. Unfortunately, the laws in many areas don't go much further beyond the rule that both property owners must pay for and maintain boundary fences equally.

Attachments without explicit consent could lead to legal disputes and trespassing issues could arise if neighbours are found to have interfered with your property without permission, according to East Coast Fencing.

Who has the better side of the fence? ›

The smooth side or the picket fence side is nicer looking, and so many prefer to see this side. A common courtesy is to share the good side with your neighbor. It is important to note that any fence visible from the street should have a smooth side facing out toward the street.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

Basic Fence Laws in California

Front yard fences have a maximum height of 42 inches, while backyard fences can climb up to 72 inches. These numbers change if you share the fence with your neighbor. A shared fence must be 62 inches tall at a minimum — not maximum — and free from relatively large gaps.

This piece of legislation comes into play when works involve shared boundaries. If you're planning substantial work (not just replacing a like-for-like fence but maybe altering the boundary structure entirely), you're required to inform your neighbour. They must give written consent if they agree to the changes.

[data models] A boundary common to two features. For example, in a parcel database, adjacent parcels share a boundary. Another example is a polygon that shares a boundary on one side with a river.

As a rule, if a fence is not a boundary fence, it must be built at least two feet inside your property line. The best options for building near a neighbor's existing fence are placing the new one right up against the current one or leaving enough space between the fences for someone to mow.

A Good Neighbor Fence is a wood privacy fence that divides two properties, where the finished side of the fence (i.e. the more attractive, smooth side) faces the neighbor's property. The homeowner building the fence then has a view of the rails and posts from inside their yard.