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 in Civil Code section 841, known as the Good Neighbor Fence Act. The two owners can agree to something different in writing.
This page is general information, not legal advice. If you have a dispute, speak to a lawyer or to your city.
Does my neighbor have to pay for half of a new fence?
The law presumes an equal share for a boundary fence, but you must give notice first. Under section 841 an owner who intends to ask for a share has to give the other owner 30 days' written notice. The notice must mention the presumption of equal responsibility and describe the problem, the proposed solution, the estimated cost, the proposed cost split and the timeline. Without it, a neighbor does not have to pay for half. A court may also set a different split. The statute lists reasons such as a cost far out of proportion to the benefit one owner gets, or undue financial hardship.
Who owns the fence between two properties?
If the fence is entirely on one lot, it belongs to that lot's owner. If it is on the boundary, section 841 treats it as benefiting both. In Fremont's subdivisions most rear and side fences were built on the line by the original builder and have been treated as shared ever since. When there is doubt about who owns the fence, a survey shows which side of the line it stands on.
Can my neighbor put up a fence without asking me?
Generally yes, on their own property and within the city's height rules. They cannot put one up without asking me and then bill me for half, because section 841 requires the 30-day written notice before any cost is shared. A fence that unnecessarily exceeds 10 feet and was built 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 to your neighbor before doing anything. The two of you can move the fence to the surveyed line or record in writing that it stays put. A fence that has been off the line for decades 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 rebuild it on the surveyor's marks.
The contractor built my new fence over the property line. Who fixes it?
The contractor should, if they picked the line or built past the survey stakes. Write to them and ask for it to be moved 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, 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 in writing first: where the fence goes, the material and height, the total price and each owner's amount. A signed agreement also takes the place of the equal split the statute presumes. We can lay out the quote with the shared run and each share on separate lines. On a rear line shared with two houses, each stretch is listed by itself.
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 stands entirely on your own lot and meets city rules. Get the line marked first. To ask the owner for a share of a boundary fence, mail the 30-day written notice to the owner's address on the county tax 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 notice under section 841 before taking it down, even when you expect a refusal. If you think a share is owed and the neighbor will not pay, small claims court is where most people take it. The court's self-help center or a lawyer can walk you through that.
My neighbor's tree roots are lifting our fence. Who handles that?
The roots are a job for an arborist and the fence is ours. Nobody should cut big roots until an arborist has seen them. Cutting can kill or destabilize the tree, and then you have a larger argument. Often the fence can be rebuilt with the posts moved to either side of the root.
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. It cannot be turned into a wall. Chain link bends under a steady load no matter what is added. Ask the owner in writing to pull the material back. If that fails, Fremont's code enforcement office takes reports.
We can only give a real price after measuring the fence line. The visit is free and the quote is written. Call (510) 240-8149 or text a photo of the fence.