Adjoining Owners Equally Responsible for Shared Fences and Boundaries

by The Real Estate Faction on October 14, 2013

Commencing January 1, 2014, adjoining landowners must share equally the
responsibility for maintaining boundaries and monuments between them. Adjoining
landowners are presumed to share an equal benefit from any fence dividing their
properties, as well as equal costs for construction or maintenance, unless
otherwise agreed in writing. This new law also provides specific procedural
requirements for an owner who intends to incur costs for a division fence to
notify the adjoining owner of the estimated costs and other information.
Existing law enacted in 1872 which requires a homeowner who fully encloses a
property to refund a neighbor a just proportion of the value of a division
fence has been repealed. Assembly
Bill 1404


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