California Civil Code 841 (Good Neighbor Fence Act) presumes equal cost-sharing for boundary fences between Santa Clara County neighbors. Written 30-day notice is required before shared fence work.
Santa Clara County defers to California Civil Code 841, known as the Good Neighbor Fence Act of 2013, for disputes involving boundary fences between adjoining properties. The statute presumes that both owners share equally in the reasonable costs of construction, maintenance, and necessary replacement of a division fence. An owner intending to build or alter a shared fence must provide 30 days written notice to the adjoining neighbor describing the work, the estimated cost, the proposed timeline, and each party share. If a neighbor disputes the cost-sharing presumption, a court may consider factors such as whether the fence exceeds reasonable needs, financial hardship, and proportional benefit to each parcel. Spite fences taller than 10 feet erected to annoy a neighbor are prohibited under Civil Code 841.4. Tree branches and roots crossing a property line may generally be trimmed back to the line at the trimmer expense, without damaging tree health.
Contact your local code enforcement office for specific penalty information.
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