Santa Monica Neighbor Fence Rules Rules (2026): What You Need to Know

California Civil Code Section 841, amended by the Good Neighbor Fence Act of 2013, is the primary law governing shared boundary fences in Santa Monica. Under this law, adjoining landowners are presumed to share equally the responsibility to maintain fences that divide their properties. Neither owner may unilaterally remove a shared boundary fence without the other's consent. When a property owner wishes to build a new boundary fence or replace an existing one, they must provide at least 30 days advance written notice to the adjoining owner. The notice must include a description of the proposed work, the start date, the estimated cost, and a proposal for how the costs will be split — typically 50/50.

If the adjoining owner agrees, both parties share costs equally (or as otherwise negotiated in writing). If the adjoining owner refuses to pay their share, the owner who builds the fence may sue in small claims court to recover half the cost. A court will examine factors including the financial ability of both parties, the reason for the fence, and any prior agreement. Santa Monica does not have a separate local ordinance that supplements or supplants Civil Code Section 841 for boundary fence disputes; state law controls entirely. However, Santa Monica's own fence height and material standards under SMMC Section 9.21 still govern the physical characteristics of any fence constructed on or near a property boundary.