California Civil Code Section 841, the Good Neighbor Fence Act, presumes adjoining landowners share equal benefit and equal cost responsibility for boundary fences, applying statewide regardless of city ordinance.
Civil Code Section 841 establishes a rebuttable presumption that adjoining landowners share equally in the reasonable costs of construction, maintenance, and necessary replacement of boundary fences benefiting both properties. A landowner seeking contribution must give 30 days written notice describing the problem, proposed solution, estimated costs, and timeline. Neighbors can rebut the presumption with evidence of unequal benefit, financial hardship, or aesthetic preference. The statute applies uniformly throughout California and supplements but is not displaced by local fence rules.
A neighbor refusing to share reasonable fence costs may be sued in small claims or civil court for contribution; failure to provide the required 30 day notice can defeat the contribution claim entirely.
See how Eureka's neighbor fence rules rules stack up against other locations.
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