California presumes that neighbors benefit equally from the fence between 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 owners can agree to something different in writing.
This page is general information, not legal advice. For a dispute, talk to a lawyer or to your city or county.
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 a process. An owner who intends to ask the neighbor to share the cost must give 30 days' written notice before the work. The notice should state the presumption of equal responsibility, describe the problem, the proposed solution, the estimated cost, the proposed split and the timeline. A neighbor does not have to pay for half without it. A court can also change the split where equal shares would be unjust, for example if the cost is far out of proportion to the benefit for one owner, or would cause that owner real financial hardship, or the project is about one owner's taste and not need.
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. The same question comes up with block walls in Bakersfield subdivisions. When it is unclear who owns the fence or wall, a survey shows where it sits in relation to the line.
Can my neighbor put up a fence without asking me?
Generally yes, on their own property and within the local 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 is 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 the neighbor before doing anything else. The fence can be moved to the true line, or the two of you can agree in writing to leave it. A fence that has been off the line for many years can raise legal questions, so speak with a real estate lawyer before you sign an agreement. If the survey shows the fence 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, if they picked the location themselves or ignored survey markers. Put the request in writing and ask for it to be moved at no charge. Your position is weaker if you told them where to build. This is why a good estimate states where the fence goes and who marked the line. If 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 in writing before the job starts: where the fence goes, the material, the height, the total price and each owner's share. A signed agreement takes the place of the equal split the law would otherwise presume. We can lay out the estimate so the shared run and each share appear as separate lines.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence entirely inside your own line needs no signature from next door, only compliance with the local rules. Have the line marked 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 Kern County Assessor-Recorder's office holds ownership records.
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, it is yours to replace. If it is the boundary fence, send the 30-day written notice under section 841 before removing it, even when you expect a refusal. If the neighbor still will not pay a share you think is owed, small claims court is the usual route. The court's self-help center or a lawyer can explain how it works.
My neighbor's tree roots are lifting our fence. Who handles that?
An arborist deals with the roots and a fence contractor deals with the fence. Have the arborist look before anyone cuts a large root, since that can kill or destabilize the tree and start a second dispute. On the fence side, posts can be moved so the fence bridges the root, or a section can be raised.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
Up to a point. Heavier posts, a bottom rail and a tension wire stiffen chain link, but it is a fence and not a retaining wall, so a steady load will keep deforming it. Write to the business owner asking for the material to be moved back, and contact city or county code enforcement if that fails.
The only way to get a real number for your property is a site visit. The estimate is free. Call (661) 475-8961 or text us a photo of the fence line.