California presumes that the owners on both sides of a boundary fence benefit from it equally and share equally in the reasonable cost of building, maintaining or replacing it. You will find it in Civil Code section 841, which people call the Good Neighbor Fence Act. A signed agreement between the two owners can set some other division.
This page is general information, not legal advice. If you are in a dispute, speak with a lawyer or your city.
Does my neighbor have to pay for half of a new fence?
The law starts from an equal split for a boundary fence, with conditions. Before charging a neighbor, section 841 requires 30 days' written notice. It must mention the presumption of equal responsibility and set out what is wrong with the fence, what you propose, what it is expected to cost, how you suggest dividing the cost and when the work would happen. Nobody can be made to pay for half without it. A court may also order a different split where an even one would be unjust, such as when the cost is out of proportion to the benefit for one owner or would be a financial hardship.
Who owns the fence between two properties?
If the fence sits entirely inside one lot, it belongs to that lot's owner. If it sits on the boundary, section 841 treats it as benefiting both. In the older San Jose tracts the back fence was often built on the line by the original developer. A survey settles any doubt by showing the fence against the true line.
Can my neighbor put up a fence without asking me?
Yes, on their own property, as long as the fence meets city height and permit rules. They may not build without asking me and afterward demand half, since section 841 calls for the 30-day written notice first. Civil Code section 841.4 separately makes a fence that unnecessarily exceeds 10 feet, built out of malice to annoy a neighbor, a private nuisance.
A survey shows the fence is on the wrong side of the line. Now what?
Raise it with your neighbor before doing anything else. The choices are to shift the fence onto the line or to sign a written agreement that lets it stay. A fence that has been off the line for decades can carry legal consequences, so have a real estate lawyer look at any agreement. When the survey shows the fence has to move, we can rebuild it on the marked line.
The contractor built my new fence over the property line. Who fixes it?
The contractor should, when they picked the location or built past the surveyor's pins. Send a written request to relocate it at no charge. Your position is weaker if you showed them where to put it. A good estimate states the fence location and names who marked the boundary, for exactly this reason. Complaints about a licensed contractor who refuses go to the Contractors State License Board.
My neighbor and I agreed to split a new fence. How does the billing work?
Put it on paper first: where the line is, material, height, total price and each owner's amount. A signed agreement also takes the place of the equal split section 841 would presume. Our estimates can list the shared run apart from the rest, with each owner's share shown.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
You can. No neighbor signature is needed for a fence that stands completely within your own lot, though city rules still apply. Get the boundary marked first. To ask the owner to share a boundary fence instead, 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 remove and replace. For a boundary fence, send the 30-day written notice under section 841 before taking it down, even when you already know the answer. If you think the neighbor owes a share and will not pay it, small claims court is where people usually take it. Santa Clara County Superior Court has a self-help center, and a lawyer can also explain the steps.
My neighbor's tree roots are lifting our fence. Who handles that?
Roots are an arborist's call and the fence is ours. Have an arborist inspect before a single large root is cut. Cutting can destabilize or kill the tree, and many cities here protect large trees. We can often leave a wider bay between posts so the fence bridges the root.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
Some reinforcement is possible: thicker posts, an added bottom rail, or a tension wire run along your side. There is a limit, though. Chain link was never meant to act as a retaining wall. Ask the business owner in writing to move the material. If that fails, the city's code enforcement office takes complaints.
We only give a firm price after measuring the line in person. The visit is free and you get the quote in writing. Call (408) 217-2790 or text a photo of the fence.