Bakersfield does not have a specific municipal ordinance addressing boundary fence disputes between neighbors. California Civil Code Section 841 (the Good Neighbor Fence Act of 2013) governs shared boundary fences statewide and presumes adjoining landowners share equally in the reasonable costs of construction and maintenance. Disputes over spite fences, blocked views, or cost-sharing are handled through state civil law rather than city code.
Under California Civil Code §841, landowners sharing a boundary are presumed to benefit equally from a dividing fence and therefore share maintenance and construction costs equally. A neighbor seeking contribution must give 30 days' written notice describing the problem, the proposed solution, the estimated cost, the timeline, and the cost-sharing proposal. If the neighbor disputes the presumption, they can rebut it by showing the cost would be unjust. California Civil Code §841.4 prohibits "spite fences" — any fence over 10 feet tall maliciously erected to annoy a neighbor is a private nuisance. Bakersfield city code does not override these state rules but does enforce general nuisance provisions and zoning height limits. Small claims court (limit $10,000 in California) is the typical venue for unresolved cost-sharing disputes.
Violations are civil matters, not criminal. A neighbor who refuses to contribute fair costs after proper §841 notice may be sued in small claims court. Spite fences over 10 feet can be declared a private nuisance and ordered removed by the court. Bakersfield Code Enforcement will not mediate civil fence disputes but will respond to fences violating height limits, encroaching on the public right-of-way, or creating safety hazards.
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