My neighbor won't split the cost of the fence. What can I do in California?
Researched by the LokalMatch editorial team1 answer
The boundary fence is rotten, I want it replaced, and the neighbor says it is nothing to do with him.
Answers (1)
LokalMatch EditorialLokalMatch editorial
Start by sending a written notice thirty days before you spend anything. California's Good Neighbor Fence Act presumes that adjoining landowners share an equal benefit from a fence dividing their properties and are equally responsible for the reasonable costs of building, maintaining or replacing it, unless they have agreed otherwise in writing.
The notice is what turns that presumption into money. It has to describe the problem with the fence, the proposed solution, the estimated cost, how you suggest splitting it, and the timeline you have in mind. Send it before the contractor starts, not after, and keep proof that you sent it.
The presumption can be rebutted, which is the part people skip. A neighbor who shows that equal shares would be unjust — because the burden is out of proportion to the benefit, because the cost outstrips the value it adds, or because it would cause real hardship — can be ordered to pay less, or nothing.
So a fence built to a standard only you want is a fence you may end up paying for alone. Price the ordinary version as well as the one you actually want, and put both figures in the notice.
Answers come from pros and are reviewed by LokalMatch before they’re published. They’re general information — for regulated or safety-critical work, have a licensed professional assess your situation.
Sources
Where the facts on this page come from.
Civil Code section 841 (Good Neighbor Fence Act) — California Legislative Information (accessed September 24, 2026)
