The Fence On The Line
Civ. Code 841 — neighbors presumed to share a dividing fence equally, with 30 days' written notice first
In California, adjoining landowners are presumed to share an equal benefit from a fence dividing their properties and, unless they agree otherwise in writing, to be equally responsible for the reasonable costs of building, maintaining or necessarily replacing it.
The notice. A landowner who intends to incur costs for the fence gives each affected neighbor 30 days' prior written notice, describing the problem, the proposed solution, the estimated costs, the proposed cost sharing and the timeline, and stating the presumption of equal responsibility.
- The financial burden to one owner is substantially out of proportion to the benefit.
- The cost would exceed the difference the fence makes to the property's value.
- It would cause undue financial hardship.
- The costs are unnecessary or excessive, or reflect one owner's personal aesthetic or architectural preferences.
Overcoming the presumption. A court may order less than an equal share, or none, if equal responsibility would be unjust; the bullets above are among what it considers. Public bodies are not landowners under the section.
Where the line actually runs is a boundary question this page does not answer. Whether a particular fence must be shared, and what either neighbor can recover, are questions for a licensed California attorney.
Sources for this section (1)
- Civ. Code 841 — Adjoining landowners; boundaries and dividing fences
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.