Dealing with a fallen or damaged fence in Modesto? Here’s what you should know

Vivienne Aguilar
·4 min read

The strong winds and saturated soil of recent storms did a number not only on trees around Modesto but also a good number of fences, a local business confirmed.

“When we hear the wind, my husband’s like, ‘Our phones gonna be ringing,’” Desire Flores, owner of High Quality Fence, said. She said their schedule is booked out because since the storm, they have been getting three times their normal amount of calls.

During the first month of the new year, Modesto and many parts of California faced flooding, high winds and fallen trees. The extreme weather even gave the city and its partners a reason to launch a new disaster-relief team.

What cost might a homeowner expect to replace a fence? High Quality Fence currently charges $55 a foot, Flores said. They usually use redwood. Midpandemic, there were shortages of specific materials, like redwood, which caused their prices to go up. Flores said customers don’t need to worry about a shortage right now.

Here are some things to consider if you need to rebuild or reinforce a fence:

Responsibilities

I share a fence with my neighbor. Who has to fix it?

In the California Civil Code, section 841 says landowners who share a property line also share the responsibility to fix fencing along it. “Where a landowner intends to incur costs for a fence ... the landowner shall give 30 days’ prior written notice to each affected adjoining landowner.”

Most customers of High Quality Fence have either already discussed payment plans with their neighbor, or they are comparing quotes, Flores said.

Because landowners are “presumed to share an equal benefit from any fence dividing their properties,” the civil code says, they need to agree upon a plan for what the repair will require and determine how to split the cost.

According to the state, the written notice among affected property owners should include:

  • A description of the nature of the problem facing the shared fence.

  • The proposed solution for addressing the problem.

  • The estimated construction or maintenance costs

  • The proposed cost-sharing approach.

  • The proposed timeline for getting the problem addressed.

Landowners are allowed to create a written agreement that states that only one party has to maintain and make repairs to their shared fence. But unless one landowner assumes all responsibility, all parties need to consider the reasonable costs for construction, maintenance and necessary replacement.

“It’s rare for one neighbor to pay for the whole thing,” Flores said.

Section 841 applies only to private parties, not cities, districts, public corporations or any other public bodies.

According to the civil code, if the proposed plan of the cost of repair is “substantially disproportionate” for one landowner or would “exceed the difference in the value of the real property before and after its installation,” it is not reasonable.

In this good-neighbor fence, the 8-foot lengths alternate between the front and back facing each resident’s property. That ensures equal responsibility for replacing boards, posts and supports as necessary.
In this good-neighbor fence, the 8-foot lengths alternate between the front and back facing each resident’s property. That ensures equal responsibility for replacing boards, posts and supports as necessary.

You might consider building a “good neighbor fence,” which is defined a couple of ways. For one, you can give your neighbor the “pretty” side of the fence — all boards and no posts or horizontal supports showing. Of course, that means your neighbor has to re-nail any vertical boards that come loose.

The other meaning of good-neighbor fence is one where each 8-foot length of fence alternates between the front and back aesthetics. Doing this method ensures both neighbors are responsible for the repair. Some fences even alternate board by board.

“While most states don’t have laws that require homeowners to build a fence with the pickets facing out, many cities and homeowners associations do have rules about how fences should be constructed,” according to Reddi Fence, a contractor from Kansas, in their blog post on the topic.

Regulations

What regulations do I have to follow if I’m building my own fence?

The city of Modesto website provides up-to-date building regulations. City ordinances related to fences fall under municipal code 10-4.406.

This code says any fences being built higher than 8 feet require a city permit.

Also, “no wall or fence shall exceed forty-two (42) inches within the front and street-side yard areas,” according to the code.

You can apply for a permit through the city’s Building Inspection Department. It is located at 1010 10th St., Suite 3100. If you have any questions about the code, call the department at 209-577-5232.

“Most of the contractors are well informed. When you use a properly certified contractor, they’re already up to date with the local building codes,” city of Modesto spokeswoman Diana Ruiz-Del Re said.

Flores said contractors are licensed and insured. Therefore, they are more expensive than handymen who are capable of building a fence.

“We took down two brand-new fences in the Central Valley because they weren’t built right,” Flores said. If your fence is on the floor, and it’s clear the posts are rotted out, she suggests you call a pro instead of looking for a bargain.

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