Is my California neighbor responsible for damage to our shared fence? What the law says
In California, your property is your responsibility. But what about the space in between? The parts you share with your neighbor?
Reader Mary Anne Broers asked The Sacramento Bee’s service journalism team, which focuses on helping the community navigate daily life: Is my neighbor liable for damage to our shared fence?
Broers told Bee Curious, a community-driven series in which we answer reader questions, that the neighbor’s palm tree was cut down and damaged the fence between their properties.
“The tree was cut down but the stump was left,” Broers wrote. “It is not possible to repair/replace the fence because the stump encroaches the area of the fence line.”
Here’s what California law says on which neighbor is responsible for damage to a shared fence:
California’s Good Neighbor Fence Law
California’s Good Neighbor Fence Law, or Civil Code 841, states adjoining property owners share equal responsibility for maintaining the boundaries and structures on the property line
“Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties,” the civil code states. “Unless otherwise agreed to by the parties in a written agreement, (both) shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.”’
Do I have to give my California neighbor a notice before fixing our fence?
Before a property owner plans to make any changes to the shared fence, they must give their neighbor a written notice 30 days’ before.
According to the code, the notice must include the following information:
- A notification of the costs of construction, maintenance or necessary replacement.
- A description of the problem with the shared fence and the proposed solution.
- The proposed cost split and possible timeline for getting the problem addressed.
If one neighbor feels that equal responsibility for the costs are unjust, both neighbors can go to court where they will consider all of the following:
- Whether the cost to one landowner is unfair.
- Whether the cost would make a big difference in the value of the property.
- Whether the cost to one landowner would cause financial hardship.
- Whether the cost is unnecessary or appears to be the result of the neighbor’s personal preference.
When a tree damages the fence
California Civil Code 833 states that if a tree’s trunk is solely on the land of one’s neighbor, the tree belongs to them even if the roots grow into another property.
While California’s code of civil procedure prohibits cutting down your neighbor’s tree, you can cut or trim the parts of the tree that encroach on your property as long as you don’t do lasting damage or kill the tree itself.
When your neighbor’s branches and roots come onto your property and cause damage, California law states, it can be considered a nuisance.
If the property is damaged, you can seek compensation for the measure of damages.
