Essentially, the Good Neighbor Fence Act of 2013 (“the Act”) presumes that both neighbors share an equal benefit from the fence, and therefore should be equally responsible for its maintenance. The Act therefore sets up a specific set of requirements to inform the neighbor of the needed repairs, provide various specifics on the proposed repairs, including costs estimates, and allow the neighbor 30-days to respond. Use caution to comply with the specific notice requirements set out in Civil Code section 841. 

Upon compliance with the requirements for notice, there is a presumption that an equal share is now owed. There are some notable exceptions, including a financial hardship, and ensuring an equal benefit, written into the Act. Ultimate enforcement however rests with a civil lawsuit for money damages (i.e. complete the repairs, then, if no ability to reason with the neighbor after attempting to informally resolve [though resolution efforts are not required; they are strongly recommended], file a lawsuit for compensation of the equal share owed). 

Of course, suing your neighbor is unlikely to ease any tensions, but is sometimes required over legitimate issues that cannot be resolved otherwise. If the share owed is under $10,000, a small claims case would be appropriate, far more expeditious, and far less costly. There is no provision for recovery of attorney’s fees, so even if the amount owed is in excess of small claims, consideration of the expenses of litigation must be considered. 

-Devin Lucas

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