CA Civil Code §841 (Good Neighbor Fence Act) presumes equal cost-sharing for boundary fences. Requires 30 days written notice before construction with cost estimate. §841.4 prohibits spite fences over 10 ft.
Under §841, adjoining landowners are equally responsible for reasonable costs of construction, maintenance, and replacement of boundary fences. To invoke cost-sharing, the initiating neighbor must send 30-day written notice describing the problem, proposed solution, estimated cost, and proposed cost split. If the neighbor disputes, they can rebut the presumption with evidence (e.g., equal share would be unjust). Civil §841.4 declares any fence over 10 ft built 'maliciously to annoy' a neighbor a private nuisance. Boundary disputes typically require a licensed survey.
Failure to pay fair share: civil suit in small claims (up to $12,500) or superior court. Spite fence: injunction plus damages.
See how Fresno County's neighbor fence rules rules stack up against other locations.
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