San Benito County, CA Fence Regulations: Neighbor Fence Rules (2026)

In unincorporated San Benito County, cost-sharing and responsibility for a fence on a shared property line are governed by state law rather than a county ordinance. California Civil Code Section 841, the Good Neighbor Fence Act, presumes that adjoining landowners share an equal benefit from any fence dividing their properties and, unless they agree otherwise in writing, are equally responsible for the reasonable costs of construction, maintenance, or necessary replacement. A landowner who intends to incur those costs must give each affected adjoining landowner 30 days prior written notice describing the problem with the shared fence, the proposed solution, the estimated cost, the proposed cost-sharing approach, and the timeline, and stating the presumption of equal responsibility. A neighbor can overcome the equal-share presumption by a preponderance of evidence that it would be unjust, with courts weighing disproportionate benefit, whether cost exceeds the change in property value, financial hardship, and whether the project reflects one owner's aesthetic preference. The county's own role is limited to enforcing zoning standards such as fence height (Section 25.07.013) and corner visibility (Section 25.29.013); it does not arbitrate private cost disputes.