In California, owners on each side of a boundary fence are presumed to benefit from it equally and to be equally responsible for the reasonable cost of building, maintaining or replacing it. That is Civil Code section 841, often called the Good Neighbor Fence Act. Neighbors may agree to a different arrangement 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?
For a boundary fence the law starts from an equal split, but only after proper notice. Section 841 says an owner who plans to seek a contribution must give the other owner 30 days' written notice. The notice has to state the presumption of equal responsibility, describe the problem with the fence, the proposed fix, the estimated cost, the proposed way to share that cost and the proposed timeline. Skip the notice and your neighbor does not have to pay for half. A court can also order a different split, for example when the cost is far out of proportion to the benefit one owner receives, or when paying would cause undue financial hardship.
Who owns the fence between two properties?
A fence that stands wholly on one lot belongs to the owner of that lot. A fence on the boundary is treated by section 841 as serving both. Across Sacramento, builders put most side and rear fences on the lot line, and neighbors have shared them since. If nobody is sure who owns the fence, a survey shows where it sits in relation to the line.
Can my neighbor put up a fence without asking me?
On their own land and inside the local height limits, generally yes. What they cannot do is build without asking me and then send a bill for half, since section 841 requires the 30-day written notice before costs are shared. Civil Code section 841.4 also 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?
Start with a conversation, not a crowbar. You and your neighbor can agree to move the fence to the surveyed line or to leave it and put that in writing. A fence that has sat off the line for many years can raise legal questions about the strip between, so get advice from a real estate lawyer before signing anything. When the survey shows the fence must move, we rebuild it to the surveyor's stakes.
The contractor built my new fence over the property line. Who fixes it?
The contractor, if they chose the location or ignored the stakes. Ask in writing for it to be moved at their cost. If you pointed out the line yourself, your claim is weaker, which is why the estimate should say where the fence goes and who marked the boundary. When a licensed contractor will not put it right, 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?
Write the agreement down before work starts: the location, material, height, total price and what each of you pays. A signed agreement replaces the equal split that the statute presumes. We can set out the quote with the shared run on its own line and each owner's portion shown. Where your back fence touches two or three lots, each stretch gets its own line.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence that is entirely on your lot and within the height rules does not need a neighbor's permission. Have the boundary marked first. If you want the owner to share the cost of a boundary fence, send the 30-day written notice to the mailing address on the county property 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?
If the fence is on your land, you may replace it. If it is on the boundary, give the 30-day notice under section 841 first, even if you already know the answer will be no. When you believe a share is due and it is not paid, small claims court is the usual place to ask for it. The Sacramento County court's self-help center or a lawyer can explain the steps.
My neighbor's tree roots are lifting our fence. Who handles that?
We handle the fence and an arborist should look at the roots. Do not let anyone cut large roots before that. Cutting them can kill the tree or make it unstable, and the City of Sacramento also protects certain trees, so a permit may be needed. In many cases we can shift the posts to straddle the root and leave it alone.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
We can stiffen it with heavier posts, a bottom rail or tension wire, but chain link is not a retaining wall and will keep bending under a constant load. Write to the owner and ask them to move the material off the fence. If nothing changes, report it to code enforcement for your city or the county.
A real price needs a tape measure on your fence line. The visit costs nothing and the quote comes in writing. Call (916) 890-2911 or text us a photo of the fence.