Martinez, CA Fence Regulations: Neighbor Fence Rules (2026)

Boundary fence disputes in Martinez are governed by California Civil Code §841, the Good Neighbor Fence Act of 2013, which establishes a legal presumption that adjoining landowners benefit equally from boundary fences and should share construction and maintenance costs equally. Before building or replacing a boundary fence, property owners must provide at least 30 days written notice to the adjacent property owner, including: description of the proposed fence, estimated costs, proposed cost-sharing, and a timeline. Neighbors can rebut the equal-cost presumption by showing disparate benefit (e.g., one neighbor has a swimming pool requiring a code-compliant fence), unreasonable cost for the neighbor given their financial position, or that the neighbor does not need or will not use the fence. California Civil Code §841.4 separately prohibits 'spite fences' — fences over 10 feet tall built primarily to annoy a neighbor. Boundary location disputes require a licensed land surveyor; Martinez has several local surveying firms. When disputes cannot be resolved directly, mediation is available through Contra Costa County Bar Association. Small claims filings (amounts under $10,000) can be made at the Martinez Superior Court on Ward Street. Shared driveway and easement disputes often accompany fence issues and require separate title research.