BILL NUMBER: AB 1404 INTRODUCED BILL TEXT INTRODUCED BY Committee on Judiciary (Wieckowski (Chair), Alejo, Chau, Dickinson, Garcia, Muratsuchi, and Stone) MARCH 12, 2013 An act to repeal and add Section 841 of the Civil Code, relating to real property. LEGISLATIVE COUNSEL'S DIGEST AB 1404, as introduced, Committee on Judiciary. Real property: boundaries. Existing law defines the rights and obligations of owners of real property. Under existing law, coterminous owners are equally bound to maintain the boundaries between their properties. Existing law further requires coterminous owners to maintain fences between their properties, except as specified. This bill would instead require adjacent landowners to share equally the responsibility for maintaining the boundaries and monuments between them. The bill would establish a presumption that adjacent landowners share an equal benefit from any fence dividing their properties and, absent a lawful agreement to the contrary, are equally responsible for the reasonable costs for the fence, as specified. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 841 of the Civil Code is repealed.
841. Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them; 2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter.SEC. 2. Section 841 is added to the Civil Code, to read: 841. (a) Adjacent landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. (b) Adjacent landowners are presumed to share an equal benefit from any fence dividing their properties and, absent a lawful agreement to the contrary, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, and necessary replacement of the fence.