Legal Question in Real Estate Law in California

Re: Property damage

If both properties are fully enclosed by fences, walls, hedges, etc., then the owners must share the cost under Civil Code section 841(2). If only one neighbor wants his property fully enclosed, he/she will bear the cost. If, as is common in modern urban settings, neither property is fully fenced in, the statutes provide no guidance and the parties are left to whatever they can negotiate (or whatever is called for by local ordinance or CC&Rs).

The law is part of the 1872 version of the Civil Code and has never been modernized. It was obviously written with the needs of farmers and ranchers in mind, not city dwellers. It is in need of modernization.

I would say the principle of fairness calls for cost sharing of a basic fence, but if one neighbor wants something extra fancy, that neighbor should pay 100% of the cost increment. This is not "the law," but probably what a judge, jury, arbitrator or mediator would say in most cases if forced to rule on the question.