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

California Civil Code Section 841, commonly known as the Good Neighbor Fence Law, establishes the legal framework governing shared boundary fences throughout California, including all properties within the City of Moorpark. The statute creates a presumption of equal responsibility: each adjoining landowner is presumed to bear an equal share of the reasonable costs of building, maintaining, and replacing a fence that sits on or along the common boundary line. This presumption carries legal weight — a property owner who properly notifies a neighbor and then installs or repairs a boundary fence has the legal right to seek reimbursement for half of the reasonable cost, even if the neighbor initially declined to participate or contribute financially.

Before the initiating owner may recover costs from a neighbor, state law requires that a written notice be delivered at least 30 days before work begins. The notice must be personally delivered or sent by first-class mail to the record owner of the adjoining parcel and must contain: a description of the condition of the existing fence or the reason a new fence is needed; a description of the proposed work including materials, dimensions, and specifications; the estimated total cost of the project; the proposed cost-sharing arrangement (most commonly 50/50, though parties may negotiate any other split); and the proposed commencement date. If the neighbor does not respond or objects, the initiating owner may proceed and subsequently file a cost-recovery claim in Ventura County Small Claims Court for disputed amounts up to $12,500, or in Ventura County Superior Court for larger amounts. A neighbor's failure to respond after receiving proper written notice does not excuse them from the obligation to pay their proportionate share of the reasonable costs.

The equal-responsibility presumption is rebuttable. Either party may present evidence that sharing costs equally would impose undue financial hardship, or that the fence primarily serves the initiating party rather than providing mutual benefit — for example, where one side of the fence provides exclusive privacy screening or security benefit. Courts weigh such arguments on the specific facts presented. Separately, California Civil Code Section 841.4 prohibits spite fences — structures built or maintained unnecessarily exceeding 10 feet in height for the sole purpose of annoying an adjoining owner — and grants courts the power to order their removal and award damages to the affected neighbor. Moorpark's local Zoning Ordinance height standards continue to govern the maximum permissible height of any fence constructed along a boundary line, and a private cost-sharing agreement between two neighbors does not authorize a fence that violates those local zoning limits.