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

California Civil Code Section 841, commonly known as the Good Neighbor Fence Law, provides the primary legal framework for shared boundary fence responsibilities in Fillmore. The statute creates a rebuttable presumption that each adjoining landowner bears an equal share of the reasonable costs of building, maintaining, and replacing a fence situated on or along their common boundary line. This presumption is enforceable in court — a property owner who properly notifies their neighbor and then installs or repairs a boundary fence has the legal right to recover half the reasonable cost, even if the neighbor initially refused to participate or contribute. The law applies equally to all property types in Fillmore, from the residential neighborhoods near Central Avenue to the larger agricultural parcels in the surrounding Santa Clara River Valley.

Before the initiating owner may recover costs from a neighbor, the law requires that a written notice be delivered at least 30 days before work begins. The notice must be personally delivered or sent by first-class mail to the record owner of the adjoining property and must contain: a description of the condition of the existing fence or the reason a new fence is needed; a description of the proposed work including materials, dimensions, and specifications; the estimated total cost of the work; the proposed cost-sharing arrangement (commonly 50/50, though any other agreed split is permissible); and the proposed commencement date. If the neighbor does not respond within the 30-day period or objects to the proposal, the initiating owner may proceed with the work and subsequently file a claim in Ventura County Small Claims Court (for disputed amounts up to $12,500) or in Superior Court for larger amounts. A neighbor's silence after proper notice does not excuse them from the obligation to pay their proportionate share of reasonable costs.

The equal-cost presumption is rebuttable. Either party may present evidence that sharing costs equally would impose undue financial hardship, or that the fence disproportionately benefits the initiating party rather than serving both properties equally. In Fillmore's mixed-use areas where agricultural parcels adjoin residential lots, questions may arise about whether livestock-containment fencing equally benefits both parties; courts weigh these arguments case by case. Separately, California Civil Code Section 841.4 prohibits spite fences — any fence or structure unnecessarily exceeding 10 feet in height that is built or maintained for the sole purpose of annoying an adjoining owner — and authorizes courts to order removal and award damages. Fillmore's local Zoning Code (Title 16) height limits remain in effect for any fence along a boundary line, and a private cost-sharing agreement between neighbors does not authorize a fence exceeding those limits.

Property owners in Fillmore's agricultural zones should also be aware that California's open-range statutes and fencing-out rules under Food and Agricultural Code Sections 17001 through 17128 may affect boundary fencing obligations where livestock is involved. These statutes can shift responsibility for fencing between livestock owners and adjacent landowners depending on the county's range district designations. For guidance on how these agricultural fencing laws interact with Civil Code Section 841 on a specific parcel, consulting a local attorney or contacting the Ventura County Agricultural Commissioner's office at (805) 388-4343 is advisable.