Who pays for a fence between two properties?
By default, both neighbors. California Civil Code §841 says adjoining landowners “are presumed to share an equal benefit from any fence dividing their properties” and, unless they’ve agreed otherwise in writing, “shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence” (Civ. Code §841).
It’s a presumption, not an absolute rule. It can be overcome where “imposing equal responsibility… would be unjust,” and a written agreement between neighbors takes priority.
The 30-day written notice
Before building or replacing a shared fence and asking your neighbor to split the cost, the law says you “shall give 30 days’ prior written notice to each affected adjoining landowner.” The notice has to include:
- that the law presumes equal responsibility;
- what’s wrong with the shared fence;
- your proposed solution;
- the estimated cost;
- how you propose to share the cost; and
- your proposed timeline.
A written estimate from a contractor makes the cost part of the notice easy to support.
Height limits and permits depend on where you live
Fence rules are set locally, and they vary:
- The City of Santa Barbara exempts “residential fences and walls not over 3-½ feet high” from a building permit (City of Santa Barbara checklist).
- San Luis Obispo County says “typically a fence does not require a permit,” but its zoning tables still set heights, and it asks you to contact Planning if you’re on a coastal wetland, bluff, beach or near a creek (SLO County).
In Santa Maria and other cities, check with that city’s planning or building department. HOA rules and CC&Rs can add their own limits.
Call 811 before anyone digs
Fence posts mean digging, and digging means buried lines. State law requires an excavator to notify the regional one-call center “at least two working days, and not more than 14 calendar days, before beginning that excavation” (Gov. Code §4216.2). Dial 811 and you’ll be routed to the right center for your county.
If you and your neighbor can’t agree
Talk first, and put any agreement in writing. If a dispute can’t be settled, California’s small claims court handles many neighbor disputes; “in general, an individual can sue for up to $12,500,” and the courts’ own examples include a fence built on the wrong property (California Courts self-help).
Sources
- California Civil Code §841
- California Courts self-help: Small claims, before you start
- City of Santa Barbara: Work Exempt From Permit checklist
- San Luis Obispo County: Fencing and Screening
- California Government Code §4216.2 (call before you dig)
- USA North 811. Covers San Luis Obispo County; USA North refers Santa Barbara County to DigAlert
- DigAlert