Landowners can choose to have their land fenced or unfenced. If they choose to fence their land, both sides are liable for the costs of maintaining division fences, which are fences on the border between the properties. Civil Code Section 841. If a fence is completely on the land of one side, it is not a division fence and the non-owner has no obligation to maintain it. A fence is a division fence, however, if it is on the border, even if the entire border is not fenced.