Downey Neighbor Fence Rules Rules (2026): What You Need to Know

In Downey, disputes and responsibilities regarding fences on or near property lines are governed by California Civil Code Section 841, known as the Good Neighbor Fence Act of 2013. The law establishes a clear legal framework: adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and are therefore presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence, unless the parties have a written agreement stating otherwise.

Before undertaking any boundary fence project, the party initiating the work must serve a written notice on the adjoining neighbor at least 30 days before the project begins. This notice must include: a description of the problem or need for the fence, the proposed solution, the estimated construction or maintenance costs, the proposed cost-sharing approach between the owners, and the proposed timeline. Failure to provide adequate notice does not void the cost-sharing requirement but may affect the court's assessment of reasonableness.

The presumption of equal responsibility may be overcome by a preponderance of evidence showing that imposing equal costs would be unjust. Courts may consider whether the financial burden is substantially disproportionate to the benefit, whether costs would exceed the increase in property value, or whether equal sharing would impose undue financial hardship. Where the presumption is rebutted, the court may order a lesser contribution or no contribution. The Good Neighbor law applies only to boundary fences serving both properties — not to decorative or purely single-property fences. Downey's local height limits and permit requirements must be observed regardless of any agreement between neighbors.