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

The City of Tustin's user guide is explicit that approval/consent of the neighboring owner is required for walls proposed on a property line between two properties, and that any fence or wall proposed to be located on a property line requires the consent of the neighboring property owner. The City does not adjudicate cost-sharing disputes; that is governed by California Civil Code 841, the Good Neighbor Fence Act. Under Civil Code 841, adjoining landowners are presumed to share an equal benefit from a boundary fence and, unless they agree otherwise in writing, are presumed equally responsible for the reasonable costs of construction, maintenance, or necessary replacement. A landowner who intends to incur such costs must give 30 days' prior written notice to each affected adjoining landowner, describing the problem, the proposed work, the estimated cost, the proposed cost split, and the timeline. The equal-cost presumption can be overcome by a preponderance of evidence showing equal responsibility would be unjust (for example, where the burden is substantially disproportionate to the benefit, exceeds the property-value increase, or imposes undue financial hardship). California Civil Code 841.4 separately addresses 'spite fences' - a fence-like structure unnecessarily exceeding 10 feet in height maliciously maintained to annoy a neighbor can be a private nuisance. These are state-law rights, not a Tustin ordinance.