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Burbank Neighbor Fence Rules Rules (2026): What You Need to Know

Some Restrictions

The Short Version

Boundary fences between adjacent Burbank properties are governed by California Civil Code Section 841, the "Good Neighbor Fence Law." Adjoining landowners are presumed to share equal responsibility for the reasonable costs of constructing, maintaining, and replacing a shared boundary fence. A landowner planning fence work that incurs shared costs must provide the neighbor with at least 30 days' written notice before starting. Burbank's local ordinances additionally prohibit dangerous fence materials (barbed wire, razor wire, electric wire) and require compliance with height limits and permit rules regardless of neighbor agreements.

Full Breakdown

California Civil Code Section 841 — commonly called the Good Neighbor Fence Law — governs shared boundary fences throughout California, including Burbank. The law presumes that adjoining landowners share equal benefit from a fence dividing their properties and are therefore equally responsible for the reasonable costs of construction, maintenance, and replacement unless a written agreement between the neighbors specifies otherwise. This presumption applies to the shared fence along a property boundary, not to fences a property owner builds entirely on their own land set back from the boundary.

Before a landowner incurs shared costs for a boundary fence, they must provide each affected adjoining landowner with at least 30 days' prior written notice. The notice must include: notification of the presumption of equal responsibility, a description of the problem requiring attention, the proposed solution, the estimated total cost, the proposed cost-sharing approach, and the proposed construction timeline. The 30-day notice requirement gives the neighbor an opportunity to discuss alternatives, select a different contractor, or formally dispute their obligation. The presumption of equal responsibility may be rebutted by demonstrating that equal cost-sharing would be unjust under the circumstances — for example, if one neighbor derives no benefit from the fence because their property is vacant, or if the proposed fence is a luxury upgrade far exceeding what is necessary. In Burbank, all shared fences must still comply with local ordinances including the 6-foot maximum height in side and rear yards, the 3.5-foot limit in front yards, and the prohibition on barbed wire, razor wire, and electric wire regardless of what the neighbors agree to between themselves. California's spite-fence law (Civil Code Section 841.4) also prohibits any fence built or maintained maliciously to injure a neighbor.

What Happens If You Violate This?

Failure to share costs for a shared boundary fence after proper notice may be enforced through small claims court or superior court civil action under Civil Code Section 841. Burbank building code and zoning violations for non-compliant fence materials or heights carry fines from $100 to $500. Spite fences may be subject to civil injunctions and damages.

Frequently Asked Questions

Does my neighbor have to pay half the cost if I replace our shared fence in Burbank?
Under California Civil Code Section 841, yes — adjoining landowners are presumed to share equal responsibility for boundary fence costs. You must give your neighbor at least 30 days' written notice before starting work and incurring shared costs.
What if my neighbor refuses to pay their share of the fence?
You may pursue the matter in small claims court (for amounts under $12,500) or superior court under Civil Code Section 841. Document your written notice and any response from the neighbor before filing.
Can my neighbor and I agree to build a fence taller than 6 feet between our properties?
An agreement between neighbors does not override Burbank's zoning height limits. Fences exceeding 6 feet still require a building permit and must go through the city's variance process if the height exceeds what is allowed by zoning.

Sources & Official References

Related Ordinances in Burbank

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