So many properties have aging wood stake fences, concrete block fences cracked or damaged by neighboring trees, or fences of all types needing repair at the time a property is sold.

Real estate agents get asked by buyers all the time, “Who is responsible for maintaining the fence”?

The answer turns on whether the fence is on the actual property line. Only a surveyor can determine the actual location of the property boundaries, so if a dispute between neighbors arises, getting a survey is the first step.

If the fence is on the boundary, then the adjoining landowners have an equal obligation to maintain the fence.

In 2013, Gov. Brown signed the Good Neighbor Fence Act into law to clarify the responsibilities of neighboring owners about common fences.

The intent of the bill was to modernize California’s neighborhood fence statute in place since 1892, maintaining the tradition which holds that neighbors are presumed to gain mutual benefits from the construction and maintenance of a boundary fence between their properties, and as a result are generally equally responsible for the reasonable costs of construction, maintenance or replacement.

The Good Neighbor Fence Act requires a property owner to give each adjoining owner a 30-day prior written notice of any intent to incur costs for a division fence.

The Notice of Intent must include a description of the nature of the problem with the shared fence, the proposed solution for the problem, the estimated construction or maintenance costs, the proposed cost sharing approach, and the timeline for addressing the problem.

Can your neighbor look the other way or tell you to go pound sand? No. But they can object to sharing the cost by demonstrating that the financial burden is substantially disproportionate to the benefit conferred by the fence.

If two modest ranch homes are divided by a simple grape stake fence, don’t expect your neighbor to foot half the bill to construct a goliath stucco monument between the properties. Good fences make good neighbors, so know the law before you talk to your neighbor about repairing or replacing the fence.

Adriana Donofrio Podley Properties Glendora (626) 926-9700 adrianad@podley.com