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

California Civil Code Section 841 — the Good Neighbor Fence Act — governs shared boundary fences throughout California, including all properties in Huntington Beach. The statute establishes a presumption that adjoining landowners benefit equally from a boundary fence and are therefore equally responsible for the reasonable costs of construction, maintenance, and replacement. This presumption applies only to a fence sitting directly on or along the property boundary, not to a fence that a property owner builds entirely within their own lot set back from the boundary line.

Before a landowner may incur shared costs for a boundary fence, they must provide each affected adjoining landowner with at least 30 days' prior written notice. The required notice must include: notification of the statutory presumption of equal responsibility under Civil Code Section 841; a description of the specific problem with the existing fence; the proposed solution; an estimate of the total cost; the proposed cost-sharing arrangement; and the proposed timeline for completion. This notice period allows the neighbor to participate in contractor selection, propose alternatives, or formally contest their share of the obligation.

The presumption of equal cost sharing may be rebutted if equal sharing would be unjust under the circumstances. Examples include situations where the proposed fence is a luxury upgrade far beyond what is necessary, where one property derives little or no benefit from the fence, or where the requesting owner disproportionately caused the need for replacement (such as by damaging the existing fence). Courts consider the totality of circumstances in determining a fair allocation.

In Huntington Beach, all boundary fences must still comply with the city's local zoning standards regardless of any private neighbor agreement. The 42-inch front yard height limit, 6-foot side and rear yard limit, Coastal Zone overlay requirements, and prohibition on barbed wire, razor wire, and electrified fencing in residential zones all apply. Neighbors cannot mutually agree to build a fence that violates local code. California Civil Code Section 841.4 separately prohibits spite fences — any fence exceeding 10 feet in height erected maliciously to annoy an adjoining landowner.