Downey, CA Fence Regulations: Neighbor Fence Rules (2026)
Key Facts
- Shared Cost
- CA Civil Code 841
- Spite Fence
- Over 10 ft = nuisance (CC 841.4)
- Height Disputes
- Measured from higher grade lot
- Notification
- 30-day written notice required
Summary
California's Good Neighbor Fence Act (Civil Code 841) requires neighbors to share costs of boundary fences equally. Spite fences over 10 ft are a private nuisance under Civil Code 841.4.
841. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. (b) (1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence. (2) Where a landowner intends to incur costs for a fence described in paragraph (1), the landowner shall give 30 days’ prior written notice to each affected adjoining landowner. The notice shall include notification of the presumption of equal respons
Full Breakdown
California Civil Code §841 (Good Neighbor Fence Act of 2013) creates a presumption that adjoining landowners share equally in the responsibility for maintaining boundary fences. Before constructing or replacing a boundary fence, 30 days’ written notice must be given to the neighbor. The notice must include a description of the problem, proposed solution, and estimated cost. Spite fences (over 10 feet, built maliciously) are prohibited under Civil Code §841.4. Disputes may be resolved through mediation or small claims court.
Frequently Asked Questions
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Sources & Official References
Other rules in Downey
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How other cities in Los Angeles County handle neighbor fence rules.