El Monte Neighbor Fence Rules Rules (2026): What You Need to Know
Some RestrictionsThe Short Version
Shared boundary fences between neighboring properties in El Monte are governed by California Civil Code Section 841, known as the Good Neighbor Fence Act of 2013. Under this state law, adjoining landowners are presumed to share equally in the responsibility to maintain a reasonable boundary fence between their properties. The law applies to all residential properties in El Monte and provides a structured notice process for requesting fence repairs or replacement from a neighbor. El Monte's local zoning code governs the physical specifications (height, materials, setbacks) while state law governs cost-sharing obligations.
Full Breakdown
Shared boundary fences in El Monte are subject to California Civil Code Section 841, the Good Neighbor Fence Act, which was enacted in 2013 to clarify the rights and responsibilities of adjoining property owners regarding boundary fences. Under Section 841, there is a legal presumption that both neighbors benefit equally from a boundary fence and therefore share equally in the obligation to maintain it in a reasonable condition. This presumption applies unless one of the statutory exceptions is established — for example, if one property owner demonstrates that they do not use, need, or benefit from a fence due to the nature of their land use.
Before initiating fence work and requesting cost participation from a neighbor, El Monte residents must follow the statutory notice procedure set forth in Civil Code Section 841(b)(2). The initiating property owner must provide written notice to the adjoining owner at least 30 days before commencing work. This notice must include a description of the problem with the existing fence, the proposed repair or replacement work, an estimate of the cost, the proposed division of the cost (typically 50/50), and the proposed timeline for the work. The notice should be sent by certified mail or delivered personally to create a record of delivery. If the neighbor does not respond within 30 days, the initiating owner may proceed with the work and seek recovery of the neighbor's share through small claims court if necessary.
El Monte's local zoning code governs the physical specifications of any boundary fence — maximum height, permitted materials, required setbacks, and design standards. A shared boundary fence must comply with the city's standard height limits (6 feet for side and rear yards, 42 inches for front yards). If neighbors disagree about materials or design, the Good Neighbor Fence Act provides that the fence must be "reasonable" in terms of cost and materials for the neighborhood. In El Monte's established residential neighborhoods, standard wood, vinyl, or block fences at the 6-foot height are generally considered reasonable. Disputes that cannot be resolved through direct negotiation or mediation may be pursued in small claims court (for claims under $10,000) or superior court.
What Happens If You Violate This?
The Good Neighbor Fence Act is enforced through civil remedies, not criminal penalties. A neighbor who refuses to pay their share of reasonable fence maintenance or replacement costs may be sued in small claims court for amounts up to $10,000 or in superior court for larger claims. The court may award the cost of the fence work plus reasonable attorney fees in some cases. El Monte code enforcement does not mediate private fence disputes but will enforce city zoning standards if the fence itself violates height, material, or setback requirements.
Frequently Asked Questions
Can I force my neighbor to split the cost of a new fence in El Monte?
What if my neighbor builds a fence I don't like on our shared boundary?
What is the notice requirement under the Good Neighbor Fence Act?
Sources & Official References
Related Ordinances in El Monte
Height Limits
Some RestrictionsFence Regulations · El Monte, CA
El Monte's zoning code establishes maximum fence and wall heights based on location relative to the property's building setback lines. In residential zones, ...
Permit Requirements
Some RestrictionsFence Regulations · El Monte, CA
El Monte requires building permits for certain types of fence and wall construction. Standard wood, vinyl, or chain link fences up to 6 feet in height genera...
How does El Monte compare?
See how El Monte's neighbor fence rules rules stack up against other locations.