San Marcos follows California state law (Civil Code Section 841) for shared boundary fence responsibilities. Adjoining property owners share equal responsibility for maintaining boundary fences. The city recommends discussing fence plans with neighbors before construction to avoid disputes.
California Civil Code Section 841 governs shared boundary fences between neighboring properties. Under state law, adjoining property owners share equal responsibility for the reasonable costs of construction, maintenance, and replacement of boundary fences. San Marcos does not have local ordinances that override this state standard. Before building a boundary fence, property owners should discuss plans with neighbors regarding design, height, materials, and cost sharing. A property survey is recommended to confirm the exact property line location. Disputes over shared fences may be resolved through mediation or small claims court. The city's Code Enforcement division can address fences that violate height or condition standards.
Fence disputes are civil matters between neighbors. For fences violating city standards, contact Code Enforcement at (760) 744-1050 x3234. Mediation services available through the San Diego County Bar Association.
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