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The california legislature amended civil code section 841 effective january 1 2014 to clarify in modern english the statute s original intent i e that neighbors gain mutual benefits from the construction and maintenance of a boundary fence between their properties and are therefore appropriately presumed to share equally in the need to contribute to the construction and maintenance of. The law states that if your neighbor erects a fence which can be made out wood cinder blocks bushes etc that is at least 10 feet high just to annoy you you can sue them for private nuisance.
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The neighbor may say they don t have the money or they disagree on the need for repair or replacement. They can mark property boundaries keep pets or children safe offer privacy or limit unwanted guests. A considerate neighbor in this situation would of course realize the impact of her decision and consult you on her desire to replace her fence panels.
In ca two people whose properties border each other are both required to maintain an existing fence between the properties with only a few exceptions.
Being well informed can help you avoid unnecessary disputes with your neighbors. The fence is in bad repair you go to the neighbor and say that it needs to be fixed. The reason both neighbors are on the hook for the cost and maintenance of a partition fence is because it s assumed that both neighbors benefit from the fence. The california legislature in its infinite wisdom recently updated its law regarding good neighbor fences that is a common fence dividing two properties.
