Usually both of you, equally. Under California Civil Code section 841, neighbors are presumed to benefit equally from a boundary fence and to share its reasonable costs equally, unless a written agreement says otherwise. The owner who wants the work done must give 30 days' written notice first. A neighbor can challenge an equal split if it would be unjust.
Updated October 2026
What does California's "Good Neighbor Fence Act" say?
Civil Code section 841, often called the Good Neighbor Fence Act, says adjoining landowners are presumed to share an equal benefit from a fence dividing their properties. Unless they've agreed otherwise in writing, they're also presumed equally responsible for the reasonable costs of building, maintaining or replacing it.
What has to be in the 30-day notice?
Before you spend money on a shared fence, you must give each affected neighbor written notice at least 30 days ahead. The notice must:
- State the presumption that both owners share reasonable costs equally.
- Describe the problem with the shared fence.
- Propose a solution.
- Give the estimated cost of the work.
- Propose how the cost will be shared.
- Propose a timeline for the work.
A written quote from a contractor makes the cost and timeline parts easy. We're glad to put both on paper for you.
Can my neighbor say no?
They can push back. The law lets a neighbor overcome the equal-split presumption by showing it would be unjust. A court looks at things like:
- Whether the cost is far out of proportion to the benefit to that neighbor.
- Whether it's more than the change in that property's value from the fence.
- Whether it would cause undue financial hardship.
- Whether the project is excessive or driven mainly by one owner's taste.
If the presumption is overcome, a court may order a smaller share or no contribution at all.
So who pays in my situation?
It depends. A plain replacement of a worn-out shared fence is the classic equal-split case. If you want a taller, fancier or more expensive fence than the one you're replacing, your neighbor has a stronger argument for paying less, so many owners agree to split the cost of a basic fence and pay the upgrade themselves. A written agreement between you always comes first.
Are there Long Beach steps for a shared fence?
Yes. The City of Long Beach's fence application steps list a Common Property Line Wall Fence Agreement, with each owner's signature notarized. Height and placement rules still apply. See do I need a permit for a fence in Long Beach?
Any tips to keep it friendly?
- Talk before you send the formal notice. Most neighbors appreciate the heads-up.
- If you're not sure where the line is, a land survey settles it.
- Share the written quote and a photo of the style you have in mind.
- A good-neighbor style wood fence looks finished on both sides.
- Keep copies of the notice and anything you both sign.
This page is general information, not legal advice. For a dispute, talk to a California real estate attorney.