A
new California law requires owners of fenced-in neighboring properties to split
the costs of keeping up the section of fence separating the properties. The law
does not apply if one of the two owners does not have fences on the other sides
of his land.
The
law states that 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; and (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.
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