What are the fence laws in San Diego and how is a fence dispute between two properties handled under the law?

Adjoining neighbors are presumed to benefit equally from a fence on the boundary line between them, and to share equal responsibility for maintaining and replacing it unless they agree in writing to something else. (Civil Code, § 841(b)(1).) When the law presumes something, it carries the weight of a proven fact until someone proves otherwise—you might call it the default setting.

If the fence is failing and you want to get it repaired or replaced with your neighbor paying a fair share, you must give 30 days’ written notice to your neighbor. The notice must include specific language including but not limited to:

• a statement that both owners share equal responsibility for fence costs;
• a description of the nature of the problems with the fence;
• your proposed repair and the estimated cost
• the proposed cost-sharing approach (e.g., 50/50); and
• and the proposed timeline for making repairs.

Fence laws in San Diego provide an opportunity for you to recover part of the costs If your neighbor fails to pay a fair share. However, the court can consider several factors in allocating costs (Civil Code, § 841(b)(2)):

• whether the fence equally benefits both owners;
• whether the cost exceeds the difference in property value before and after fence installation;
• whether one owner’s financial circumstances make sharing expenses equally an “undue financial hardship”; and
• whether the work is reasonable and needed (e.g., maybe you want a more expensive fence than your neighbor does).

So ultimately, under the fence laws in San Diego the court can order each owner to pay more or less than half.

However, if your neighbors or their trees damaged the fence, the court can order them to pay more or all of the cost. Are you involved in a dispute with your neighbor and have questions about fence laws in San Diego?  We invite you to contact the experienced San Diego real estate dispute resolution attorneys at the Watkins Firm or call today for a free consultation at 858-535-1511.