Adjoining Owners are Equally Responsible for Shared Fences and Fences Between NeighborsBoundaries
Adjoining landowners, with properties contiguous or in contact with each another, 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, and unless otherwise agreed in writing, are presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.
A landowner must give each affected adjoining landowner a 30-day prior written notice of any intent to incur costs for a division fence.
The notice of intent must include the following:
(1) a notice of the presumption of equal responsibility for the reasonable costs of construction, maintenance, or necessary replacement of the fence.
(2) a description of the nature of the problem with the shared fence.
(3) the proposed solution for the problem.
(4) the estimated construction or maintenance costs to address the problem.
(5) the proposed cost sharing approach.
(6) the proposed timeline for addressing the problem. An adjoining landowner can overcome the presumption mentioned by demonstrating by a preponderance of the evidence that imposing equal responsibility would be unjust.
To determine whether equal responsibility for the reasonable costs would be unjust, a court will consider the following:
(1) whether the financial burden on one landowner is substantially disproportionate to the benefit conferred upon that landowner by the fence.
(2) whether the cost of the fence would exceed the difference in the value of the property before and after its installation.
(3) whether the financial burden to one landlord would impose an undue financial hardship given that party’s financial circumstances as demonstrated by reasonable proof.
(4) the reasonableness of a particular construction or maintenance project, including the extent to which the costs appear to be unnecessary, excessive, or the result of one landowner’s personal aesthetic, architectural, or other preferences.
(5) any other equitable factors appropriate under the circumstances. This law does not apply to a city, county, political subdivision, public body, or public agency. 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who fully encloses a property to refund a neighbor a just proportion of the value of a division fence has been repealed.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 (codified as Cal. Civil Code § 841) (effective January 1, 2014).
Marina del Rey Single Family Homes:
- Lot Size3,149 sqftHome Size1,662 sq ftBeds3 bedsBaths2 bathsYear Built1911Days on Market2
- Lot Size9,112 sqftHome Size4,000 sq ftBeds5 bedsBaths4 bathsYear Built1971Days on Market12
- Lot Size5,884 sqftHome Size4,146 sq ftBeds4 bedsBaths5 bathsYear Built2013Days on Market27
- Lot Size8,515 sqftHome Size3,237 sq ftBeds3 bedsBaths3 bathsYear Built2000Days on Market58
- Lot Size5,627 sqftHome Size1,838 sq ftBeds4 bedsBaths3 bathsYear Built1967Days on Market68
See all Real estate matching your search.
(all data current as of 1/15/2019)
Listing information deemed reliable but not guaranteed. Read full disclaimer.
- Hello ~ 你好 ~ Bonjour ~ שלום ~ नमस्ते ~ Ciao ~ こんにちは ~ Olá ~ Привет ~ Hej ~ Merhaba ~ مدد
- 4108 Del Rey Avenue – New Apartments Under Construction in Marina del Rey
- Element Lofts
- FHA Mortgage Price Hike Hits Borrowers – Marina del Rey Real Estate
- Ten Tips to Improve your Credit Score – Marina del Rey Real Estate
- Qualifying for a Mortgage will be Harder in 2014 So Refinance Now – Marina del Rey Real Estate
- Steel Lofts on Beach in Marina del Rey Lofts District – 13320 Beach
- AMLI Marina Luxury Apartments are set to Replace Bar Harbor in Marina del Rey