California's good neighbor fence law (Civil Code 841) and fence rules in Orange County cities
Updated . By Landen Chu, Co-founder of OakTend. How we research
Facts come from the text of the statute and from Orange County city codes and city pages. This is general information, not legal advice.
What does the good neighbor fence law say?
Section 841 has two parts. Adjoining owners share equally in maintaining the boundaries and boundary markers between them. And for a fence dividing their properties, the equal share of reasonable costs described above applies. The current text took effect January 1, 2014.
Two definitions limit who it covers. "Adjoining" means touching. A "landowner" is a private person or entity with a possessory interest in the land, and the law says that does not include a city, county, district or other public agency. So the cost-sharing rule applies between private owners, not between you and a public agency next door.
What must the 30-day notice include?
The law gives no form, but it lists what the written notice must cover, sent to each affected neighbor at least 30 days before you spend money on the fence:
- The presumption that you share the reasonable costs equally.
- The problem with the shared fence.
- Your proposed solution.
- The estimated cost.
- How you propose to split it.
- Your proposed timeline.
Can a neighbor refuse to pay?
They can argue an equal share would be unjust. A court then decides, by a preponderance of the evidence, after looking at:
- Whether one owner's cost is far out of line with the benefit to them.
- Whether the fence costs more than the value it adds to the property.
- Whether paying would cause one owner undue financial hardship.
- Whether the project is reasonable, including costs that look unnecessary or excessive, or that come from one owner's personal taste in looks or design.
- Any other fair factors.
If the neighbor wins that argument, the court can order a smaller share or no share at all.
Keep up with your home
Start my free home planHow tall can a fence be in Orange County cities?
Each city sets its own limits in its zoning code, and corner lots and slopes add rules. These are the single-family rules from the city pages we could open:
- Anaheim. In the RS-2 zone, 3 feet within the 25-foot front setback and 8 feet in side, rear and interior setbacks. Other zones can differ. Anaheim fence rules.
- Huntington Beach. Generally 6 feet, or 8 feet for a wall where the property abuts an arterial street. Huntington Beach fence rules.
- Irvine. In the front setback, 2.5 feet at the property line, plus 1 foot for every 3 feet the fence sits back, up to 7 feet. Typically 7 feet in other setback areas, and 2.5 feet in the sight triangle at a street corner. Irvine fence rules.
- Newport Beach. Per the zoning code chapter posted on the city's site, 42 inches in front setbacks and 6 feet in rear and interior side setbacks. Rear setbacks on the bay or ocean are 42 inches. In parts of Balboa Island, Balboa Peninsula, Corona del Mar and West Newport, a front fence can reach 5 feet if at least 40 percent of the part above 2 feet is open. Newport Beach fence rules.
- Tustin. Per the city's 2015 fence guide, 6 feet 8 inches, and no more than 3 feet in a required front yard setback. Tustin fence rules.
Do I need a permit for a fence?
It depends on the city, the height and the material. Block walls often need one at a lower height than wood or vinyl fences:
- Anaheim (RS-2 zone, side and rear setbacks): no building permit at 7 feet or less; 7 to 8 feet needs one.
- Santa Ana: no building permit for a fence up to 7 feet, but a fence in the front yard needs a front yard fence permit from the Planning Division (city FAQ).
- Huntington Beach: a building permit for any wall taller than 42 inches.
- Newport Beach: no permit for a fence 3 1/2 feet or lower (building division).
- Tustin (2015 guide): a building permit for a fence or wall over 3 feet, and for a retaining wall 2 feet or taller.
- Buena Park: a permit for block and retaining walls 4 feet and up, and the Planning Division reviews every fence and wall plan (city permits page).
Our Orange County permit guide has the fence exemptions for Irvine, Fountain Valley, Yorba Linda and Garden Grove. An HOA can add its own design review; see our HOA approvals guide. Before you dig post holes, the new homeowner checklist covers calling 811. Every city is on the Orange County hub.
As of November 2026. City codes change, so your city's planning counter has the final word on heights and permits for your lot.
Sources
- California Civil Code section 841
Adjoining landowners share equally in maintaining boundaries and monuments; they are presumed to benefit equally from a dividing fence and, unless a written agreement says otherwise, to be equally responsible for reasonable costs of construction, maintenance or necessary replacement; 30 days' prior written notice with the presumption, the problem, the proposed solution, the estimated cost, the cost sharing approach and the timeline; the presumption can be rebutted by a preponderance of the evidence on listed factors, and the court may order a smaller contribution or none; landowner excludes public agencies; adjoining means contiguous; repealed and added by AB 1404, effective January 1, 2014. - City of Anaheim: RS-2 Zone Development Standards (September 2025)
Fences and walls: 3 feet within the required 25-foot front setback; 8 feet within required side, rear or interior setbacks; 7 feet or less does not require a building permit, 7 to 8 feet does. - City of Irvine: Adding or replacing walls or fences over seven feet
Residential walls are typically a maximum of 7 feet within required setback areas; in the front setback, 2.5 feet at the property line plus 1 foot for every 3 feet of setback, up to 7 feet; 2.5 feet within the sight triangle of a street intersection. - City of Huntington Beach: Planning and zoning FAQs
Building permits are required for any walls taller than 42 inches; the maximum height is generally 6 feet, and the zoning code permits walls at 8 feet where the property abuts an arterial street. - City of Newport Beach: Zoning Code Chapter 20.30, Section 20.30.040 and Table 3-1
Fences, hedges and walls: 42 inches in front setback areas; 6 feet in rear and interior side setback areas in residential zones; 42 inches in rear setbacks on the bay, ocean or West Newport channels; in front setbacks in Balboa Peninsula, Balboa Island, Corona del Mar and West Newport, up to 5 feet if at least 40 percent of the part above 2 feet is open. - City of Newport Beach: Plan checks, permits and inspections
A permit is not required for fences three and one half feet or lower. - City of Tustin: Fences, hedges and walls user guide (August 2015)
Fences, hedges and walls must not exceed 6 feet 8 inches; no more than 3 feet in a required front yard setback; a building permit and setback verification for a fence or wall over 3 feet, and a permit for retaining walls 2 feet and over. - City of Santa Ana: When is a permit not required?
Fences not over seven feet high are exempt from a building permit, but a front yard fence permit is required from the Planning Division for fences in the front yard. - City of Buena Park: Building permits
A building permit is required for any block wall and retaining wall four feet high from the bottom of the footing; the Planning Division must review and approve all fence and wall plans.