Napa's Municipal Code does not require neighbor consent to build a fence. Boundary fence cost-sharing follows California Civil Code Section 841 — the Good Neighbor Fence Act — which presumes adjoining owners share equally in reasonable costs of construction and maintenance of a fence on the common boundary.
Napa does not have a city-specific partition fence ordinance. Disputes between adjoining owners are governed by California Civil Code Section 841, the Good Neighbor Fence Act of 2013. Section 841(b)(1) creates a presumption that adjoining landowners share equally the reasonable costs of construction, maintenance, or necessary replacement of a fence dividing their properties. Section 841(b)(2) requires the owner proposing the work to give the neighbor 30 days' written notice describing the problem, proposed solution, estimated costs, proposed cost-sharing, and timeline. A neighbor can rebut the presumption by showing the cost-share would be unjust given the burden, the resources of each party, the proportional benefit, or other equitable factors. Disputes that cannot be resolved go to Napa County Superior Court (often via small claims for amounts under $12,500). The city's only role through NMC 17.52.170 is enforcing height and vision triangle rules — not ownership.
Failing to provide the 30-day Section 841 notice before charging a neighbor for fence work weakens the cost-sharing presumption. Building over the property line is not a city violation but exposes the builder to a private trespass or ejectment suit in Napa County Superior Court.
Napa, CA
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Napa, CA
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Napa, CA
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Napa, CA
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