California law allows for legal action against a neighbor to help pay for the construction and upkeep of a border fence. But, depending on the circumstances, that may not be a smart move.
Your relationship with your neighbors can range from best friends to sworn enemies. Some people may do and say things just to upset their neighbors, but that’s no way to live. You want to live comfortably in your home, not on edge waiting for the next spat with the family next door.
California Law Allows a Party to File a Lawsuit to Force a Neighbor to Pay for a Fence
If you plan on building or maintaining a border fence, California law states:
- Adjoining landowners shall share equally in “maintaining the boundaries and monuments between them”
- Your neighbor’s presumed to get equal benefit from a fence dividing your properties
- Unless there’s a written agreement between the two of you stating otherwise, it’s also presumed they’re “equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.”
The statute states the party who wants the new fence, or fix the old one, and have neighbors split the cost must give the adjoining neighbors 30 days’ prior written notice stating:
- They’re presumed to be equally responsible for the cost
- The nature of the problem the shared fence will address
- The proposed solution
- The estimated construction or maintenance costs
- The proposed cost-sharing
- The proposed timeline for addressing the problem
The presumption that costs are to be shared may be overcome if a preponderance of the evidence shows imposing equal responsibility would be unjust. What would show it’s unjust? The statute gives the judge a list of things to consider:
- Whether the financial burden to one party is “substantially disproportionate to the benefit conferred upon that landowner” by the fence
- Whether the cost would be more than the difference in the real property’s value before and after the fence is installed
- Whether the financial burden to one party would create “an undue financial hardship given that party’s financial circumstances as demonstrated by reasonable proof.”
- The reasonableness of the project, given how much the costs of it appears to be: unnecessary or excessive, or due to your “personal aesthetic, architectural, or other preferences.”
- Any other issues concerning fairness given the circumstances
If they rebut this presumption, a judge can decide the neighbor need not pay for the fence or come up with an amount less than half of the cost.
There’s a Difference Between What You Can Do and What You Should Do
If you’re on good, or at least not unfriendly, terms with your adjoining neighbor, you should discuss the fence before getting lawyers involved. The neighbor might want a fence, too, and be willing to split the cost. Even if they don’t want to pay for half, they may want to pay enough to make litigation not worth the cost, effort, and grief.
If your neighbor doesn’t object to the fence but doesn’t want to pay for it, will half its cost be worth potentially alienating your neighbor, someone who may live next to you for years, by suing them? If so, this fence should be very important to you and your family. The cost will also need to be pretty steep to justify litigating this dispute.
If the bridges are burned, your relationship is bad, and you think a fence, even with a lawsuit, won’t make it any worse, this might be justified. It could be a good idea if they’re doing something with their property you find objectionable, and the fence will block your view.
There are limits. If it’s more than ten feet tall, they may sue you for putting up a “spite fence.” Your fence legal action may start a “tit for tat” exchange of lawsuits between the two of you. Like all litigation, this is a cost vs. benefit calculation. You should be fairly confident those benefits outweigh the costs.
We’re Here to Help
Do you own a home and are involved in a dispute over a fence with a neighbor? If you have questions or need legal representation, call Anthony Burton at (949) 244-4207 or fill out our online contact form today.
