You’ve barely finished unpacking when your new neighbor comes knocking – but instead of a warm welcome, they bring a surprise: The fence between your properties is on their land, they say, and now they want you to split the cost of replacing it with a pricey masonry wall.
If this sounds like a homeowner’s nightmare, you’re not alone: Property line disputes are among the most common conflicts between neighbors. A 2013 study by FindLaw.com found 40% percent of homeowners reported conflicts with their neighbors, and 17% of those conflicts were tied to boundary disputes.
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Let’s say you’re dealing with this scenario in suburban Los Angeles. The previous owner installed the fence years ago and your neighbor claims their surveyor confirmed it’s an encroachment, and now they’re citing California’s Good Neighbor Fence Law to demand you pay half the cost of a fancy stone replacement.
Before you write any checks or start a feud, here’s what you should know.
Get your own survey
Before agreeing to anything, order your own independent property survey. A licensed surveyor will use official property records and physical markers to determine the exact boundary lines.
This step is crucial because the previous homeowner’s fence placement doesn’t automatically make you responsible for encroachment issues. If the survey confirms the fence is indeed on your neighbor’s property, you’ll need to address it. But if it shows the fence is correctly placed or if there’s a legitimate dispute about the property lines, you’ll have solid ground to stand on.
Get quotes from at least two different surveyors to ensure accuracy. A survey typically costs $500 to $1,200, but it’s a small price compared to potentially paying thousands for an unnecessary fence replacement. Make sure the surveyor you hire is licensed in your state and has experience with residential boundary disputes.
Understanding California’s Good Neighbor Fence law
California Civil Code Section 841 requires adjoining landowners to share the cost of building and maintaining boundary fences, but there are important nuances your neighbor might not be mentioning. The law states that both property owners are equally responsible for reasonable fencing costs. The word "reasonable" is key.
Citing this law doesn’t automatically entitle your neighbor to demand payment for any fence they want. The statute requires the fence to serve a legitimate purpose and be reasonably necessary. If your existing fence adequately marks the boundary and provides privacy, forcing you to pay for an expensive upgrade might not hold up legally.
The law also doesn’t make you responsible for the previous owner’s mistakes. If the fence was improperly placed, the responsibility for addressing encroachment typically falls on whoever created the problem – or it becomes a negotiation between current property owners based on the specific circumstances.
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Fighting back against aesthetic upgrades
Here’s where many homeowners get trapped: Your neighbor wants a masonry wall for aesthetic reasons, but you’re perfectly happy with a standard wooden fence. The California law doesn’t require you to pay for upgrades that exceed reasonable fencing standards.
If your neighbor insists on materials or features beyond basic functionality, they should cover the additional cost themselves. A reasonable fence typically includes standard wood, vinyl, or chain-link construction that provides adequate boundary marking and privacy. Most would agree that decorative stone, special finishes, or architectural features fall into the "upgrade" category.
Document everything in writing. If your neighbor pressures you to agree verbally, consider suggesting that you’re willing to discuss sharing costs for a reasonable boundary fence but you want to see quotes for standard materials before moving forward.
Actionable steps to protect yourself
Start by researching your home’s history. Check with your title company or real estate agent about any previous boundary disputes or easements. Look for permits the previous owner might have filed for fence installation. Proper permits would suggest the fence was legally placed with appropriate approvals.
Send your neighbor a certified letter requesting copies of their survey and any documentation supporting their claim. Ask for detailed written estimates showing exactly what work they believe is necessary and why. This creates a paper trail and forces them to be specific about their demands versus vague verbal assertions.
Consider consulting with a real estate attorney, especially if significant money is involved. Many attorneys offer brief consultations that can save unnecessary costs. They can review the survey results, evaluate your neighbor’s claims, and advise you on your legal rights.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.