Are you looking to get a new fence installation in California? At Ergeon, we’ve built thousands of fences across California, so we understand the ins and outs of local laws that impact homeowners. One key regulation to be aware of is the California Good Neighbor Fence (California Civil Code Section 841). Simply put, this law requires neighbors to share the cost of building or repairing a fence that separates their properties, ensuring both parties contribute to the upkeep of boundary fences. In this blog, we’ll break down everything you need to know about the Good Neighbor Fence Law, including your responsibilities, how to handle disagreements, and tips for ensuring a smooth process when installing or repairing a fence.
Under the California Good Neighbor Fence Act, both property owners are generally responsible for the cost of building, repairing, or maintaining a fence that separates their properties.
Before beginning work on a shared fence, property owners must provide a written notice to their neighbor. This notice must be signed by both parties to ensure mutual agreement.
The law also prohibits building "spite fences," which are constructed with the primary intention of irritating or harming a neighbor, rather than for functional purposes.
There are a few exceptions where the law may not apply, such as when one neighbor refuses to contribute or if the fence is solely on one property. In these cases, the neighbor who desires the fence may be responsible for the full cost.
In California, besides the Good Neighbor Fence Act, fence laws and regulations are defined by cities and counties in most areas. Local ordinances can impose additional rules that affect fence installation and maintenance, so it's important to check your specific city or county regulations.
Sacramento has specific guidelines on fence height, with front yard fences limited to 3.5 feet and backyard fences up to 6 feet. The official law can be reviewed here.
Los Angeles requires that fences in residential areas not exceed 6 feet in height, with additional rules for fences in front yards. For more details, check out the official regulations.
San Francisco’s fence regulations include height limits of 6 feet for most residential fences and restrictions on materials in certain historic districts. Learn more about the regulations here.
Always ensure that your fence complies with both state laws, like the Good Neighbor Fence Law, and local regulations. Checking with your city or county can help you avoid fines or delays.
If you plan to build a fence on the property line, it’s essential to communicate with your neighbors early. Both parties must agree on the project to avoid conflicts or legal issues later.
Before starting any fence installation, make sure to contact local utilities and call 811 to check for underground lines. This helps prevent accidents and ensures the safety of your project.
Here are some common fence disputes that arise when residents think about building a "Good Neighbor Fence".
In some cases, two neighbors might have different ideas of where the property line is leading to an argument over the placement of the fence. If the two neighbors cannot come to an agreement on their own, they might have to go to court to prove where the boundary is legally.
One neighbor is not allowed to trim the boundary tree or trees in a way that would impact the health of the tree. The limbs may be hanging over a homeowner’s yard but if trimming it would harm the tree, they are not allowed to trim the tree.
Before you can begin digging on your property, it’s important for the land to be surveyed and have the utilities marked. By doing this, you can avoid major accidents like hitting a utility line which could injure or even kill someone. Before you start your new fence, call the Underground Service Alert organization (811) if you live in Northern California and by visiting the dig alert website if you live in Southern California. This service is free to use and if you decide not to call before digging it could result in fines of up to $50,000.
Here are a couple of frequently asked questions to know before building a fence in California.
Homeowner insurance will cover the cost of repairing or replacing your fence if the cause of the damage was due to a covered event. These vary by plan so check your insurance policy to find out exactly what will be covered. In many cases, covered events are things like storms, fires or vandalism. If it was wear and tear or lack of upkeep that caused the damage to your fence that will likely not be covered.
If a fence is constructed on the boundary line between your property and your neighbor’s, California’s Good Neighbor Fence Act says that the two neighbors must evenly split the costs of fence construction, maintenance, and eventual replacement. If you believe that the price of the fence is too high or is being built to spite you, and you’ve already talked to your neighbor and they will not come to a compromise, you can try mediation and after that take the case to small claims court.