San Jose, CA Fence Regulations: Neighbor Fence Rules (2026)

Santa Clara County's Zoning Ordinance regulates fence height and placement but does not assign financial responsibility between neighbors. That is governed by California Civil Code Section 841, known as the Good Neighbor Fence Act of 2013. Subsection (a) provides that adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. Subsection (b)(1) provides that adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed in writing, are presumed equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence. Before incurring costs, a landowner must give 30 days' prior written notice to each affected adjoining landowner, including notice of the presumption of equal responsibility, a description of the problem, the proposed solution, the estimated cost, and how cost will be shared. The presumption can be overcome by a preponderance of the evidence showing equal cost-sharing would be unjust, considering factors such as whether the work exceeds what is reasonable. On the placement side, a boundary fence in the unincorporated county must still meet the height limits of Zoning Ordinance Section 4.20.050. Disputes over cost or contribution are civil matters resolved between the parties or in court, not by County code enforcement.