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Fences – Shared Fencing Costs 

By Taylor Baumann 

Kimball, Tirey & St. John LLP 

Under California law, landowners and their adjoining 

neighbors are jointly responsible for constructing, 

maintaining, and replacing fences that divide their 

properties. While the legislature recently enacted 

some procedural changes to the law under the Good 

Neighbor Fence Act of 2013, the spirit of the original 

law remains the same. 

Eligible Fences and Landowners 

Adjoining landowners share equal responsibility for 

“division fences”- fences on the boundary line 

between two properties, that physically lie on both 

owners’ properties. The law does not apply to fences 

that are completely within the property of one of the 

two landowners.1 If a fence is located on the land of 

only one landowner, the neighbor is not legally 

responsible for any portion of the fence cost, unless 

the parties agree otherwise. 

Note that if a fence is a “division fence”, neither 

adjoining owner can move or alter the division fence 

without the other owner’s consent. 

Landowners include any private person or private 

entity that holds a possessory interest in real 

property. The law does not apply to any city, county, 

city and county, district, public corporation, or other 

political subdivision, public body, or public agency. 

Theoretically, the law applies to tenants in addition 

to the owner of the real property. However, most 

residential leases will require that the landlord bear 

financial responsibility for fence maintenance, 

construction, and replacement. 

Exercising the Right to Equal Contribution 

A landowner seeking contribution from the neighbor 

for a division fence must send 30 days’ written 

notice to each neighbor. The notice must include the 

following: 

. 

A statement regarding the presumption that 

landowners share equally in the 

construction, maintenance, and 

replacement of division fences2; 

1 Ingwersen v. Barry, 118 Cal. 342, 343 (1897); Western Granite 

& Marble Co. v. Knickerbocker, 103 Cal. 111, 116-117 (1894). 

2 The following language may be used: “Under Cal. Civ. Code § 

841(b)(1): ‘Adjoining landowners are presumed to share an equal 

benefit from any fence dividing their properties and, unless 

otherwise agreed to by the parties in a written agreement, shall be 

. 

A description of the problem facing the 

fence, or the problem the two properties 

face due to the lack of a fence; 

. 

The proposed solution to the problem; 

. 

The estimated cost of the solution; 

. 

The proposed allocation of the cost; and 

. 

The proposed timeline for addressing the 

problem.3 

The statute does not specify a method to deliver the 

notice. However, the property owner sending the 

notice should use a method that keeps a record of 

delivery (e.g. prepare a proof of service, or send by 

registered mail, certified mail, or overnight delivery). 

Exceptions to the Contribution Obligation 

If the adjoining neighbor can establish that imposing 

equal responsibility for the fence cost would be 

unjust, a court may order that the neighbor pay less 

than their proportionate share of the costs none of 

the costs. 

When making this determination, the court will 

consider the following factors in addition to any other 

relevant information: 

1) The financial burden on the neighbor 

compared to the benefit the neighbor 

receives from the fence; 

2) Whether installation / maintenance of the 

fence results in a net increase in the value of 

the neighbor’s property; 

3) The fence’s financial burden on the neighbor 

given the neighbor’s financial 

circumstances; and 

4) The reasonableness and necessity of the 

costs associated with the project. 

Un-Neighborly Refusals to Pay 

Unfortunately, some neighbors aren’t good 

neighbors. A neighbor may ignore refuse to pay their 

share of the fence’s cost. 

In preparing against a neighbor’s potential refusal, 

the fence builder should keep a paper trail as the 

fence project is contemplated and planned. 

Records should include photographs and a video of 

the problem with the fence (or the lack of a fence) 

that justify the proposed solution. The fence-building 

neighbor should keep copies of all cost estimates 

presumed to be equally responsible for the reasonable costs of 

construction, maintenance, or necessary replacement of the 

fence.’” 

3 The timeline should begin after the expiration of the notice (30 

days). 

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from contractors to prove they chose the contractor 

offering the best value.4,5 

Work on the project should not begin, nor should 

costs be incurred, until the 30 day notice period 

expires. Upon completion of the project, the fence-

building neighbor should pay the contractor (and any 

other expenses) in full and keep copies of invoices 

and receipts related to the project. 

After completing the fence, the fence-building 

neighbor should make a final written demand for 

contribution to the neighbor. The demand letter 

should request the neighbor make payment 

immediately and include the final cost of the 

originally-proposed project, copies of the invoices 

and receipts, and a copy of the original 30 day 

notice. 

If the neighbor still refuses to pay, the fence-building 

neighbor can (after having conducted due diligence 

and armed with proper documentation), file suit for 

contribution from the neighbor for their share of the 

costs. If the amount at issue is less than the 

jurisdictional limits (generally $10,000 for an 

individual, and $5,000 for an entity), small claims 

court may be the quickest and most cost effective 

way to pursue claims. 

Kimball, Tirey & St. John specializes in landlord/tenant, 

collections, business and real estate law, with offices 

throughout California. This article is informational only 

and should not be used as legal advice. Check with your 

attorney before acting. If you have any questions 

regarding this article, please call (619) 231-1422. 

4 If the landowner chooses a higher-priced contractor, they should 

maintain evidence to prove that the selected contractor was a 

better choice. 

5 A contractor’s license is required if the person constructing the 

fence is charging the homeowner $500 or more. 

Kimball, Tirey & St. John LLP © 2014