In California, owners on both sides of a boundary fence are presumed to benefit from it equally and to share equally the reasonable cost of building, maintaining or replacing it. The rule is Civil Code section 841, known as the Good Neighbor Fence Act. The owners can agree in writing to divide the cost differently.
This page is general information, not legal advice. For a dispute, talk to a lawyer.
This matters more in San Francisco than in most places. A rear yard here commonly borders three or more other lots, so one new fence can involve several neighbors and several separate conversations.
Does my neighbor have to pay for half of a new fence?
The law starts from an equal split, but only after proper notice. Under section 841, the owner who wants to share the cost gives each affected neighbor 30 days' written notice. The notice states that the law presumes equal responsibility, and it describes the problem, the proposed fix, the estimated cost, the proposed split and the timeline. A court can set the equal split aside when it would be unjust, for instance when the cost is far greater than the benefit to one owner, when it would cause real financial hardship, or when the design goes beyond what is reasonable.
Who owns the fence between two properties?
If the fence stands entirely inside one lot, it belongs to that lot's owner. If it stands on the boundary, section 841 treats both owners as sharing it. Older San Francisco fences have often been rebuilt a few inches one way or the other over the decades, so a survey is the only sure way to know which case applies.
Can my neighbor put up a fence without asking me?
Inside their own lot and within the city's height rules, generally yes. They cannot rebuild the shared fence without asking me and then expect half the cost, because section 841 calls for the 30-day written notice first. A fence that unnecessarily exceeds 10 feet and was built from malice to annoy a neighbor is a private nuisance under Civil Code section 841.4.
A survey shows the fence is on the wrong side of the line. Now what?
Speak with the neighbor before doing anything else. The fence can be rebuilt on the surveyed line, or the two of you can record in writing that it stays put. A fence that has been off the line for many years can raise legal issues, so have a real estate lawyer look at any agreement. We can take the fence down and rebuild it on the correct line.
The contractor built my new fence over the property line. Who fixes it?
If the contractor picked the line or built past the survey marks, it is theirs to correct, and you should ask for that in writing. If the line was your instruction, the cost is harder to shift. A good estimate names who located the line. When a licensed contractor refuses to fix the error, you can file a complaint with the Contractors State License Board.
My neighbor and I agreed to split a new fence. How does the billing work?
Set it down in writing ahead of the work: where the fence goes, what it is made of, how tall, the full price and each owner's part. That written agreement takes the place of the equal split the law presumes. With several neighbors on one yard, we can break the estimate out by fence line so each owner sees their own stretch and share.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
You may build inside your own boundary without the owner's consent, as long as the fence meets city rules. Mark the line first. To ask for a share of a boundary fence, mail the 30-day notice to the owner's address on the property tax record, not only to the tenant, and keep a dated copy.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
A fence on your own land is yours to rebuild. For a boundary fence, send the section 841 notice and wait the 30 days before taking it down, whatever answer you expect. If you think the neighbor owes a share and they refuse, small claims court is where owners normally take it. The court's self-help center explains the steps.
My neighbor's tree roots are lifting our fence. Who handles that?
The tree is an arborist's job and the fence is ours. Large roots should not be cut until an arborist has assessed the tree, because cutting them can kill it or make it unsafe. The fence can often be built with a longer span over the root so nothing has to be cut.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
We can stiffen it with stronger posts, a bottom rail or tension wire on your side. That only goes so far, because chain link is not made to hold back a load. Send the business a written request to move the material. If it continues, report it to the city.
We measure the line and give you a written quote at no charge. Call (415) 888-9244 or text us a photo of the fence.