Legal Question in Real Estate Law in California

Re: property fence

Below is a direct cut-and-paste of Civil Code section 841, dealing with this subject:

"MONUMENTS AND FENCES. 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."

What does it mean? Hard to say, as the law was enacted in 1872 when we were a mostly rural state and fences were used to "inclose" lands to keep livestock in, or out.

Thre are very few recent appellate cases reported on the issue of duty to pay half, but if I read the statute properly, if your lady friend's property is "inclosed" by fences, she must pay half, but if her property is NOT "inclosed," she doesn't have to pay. I would say fances on three sides but not on the fourth would not amount to "inclosure" and if she is sued, and appears and defends, she should prevail. Have her cite the statute and show the judge pictures showing that her property is not "inclosed" (enclosed) by fence, if that's the case.