Santa Monica, CA Fence Regulations: Neighbor Fence Rules (2026)
Key Facts
- Shared Cost
- CA Civil Code §841
- Spite Fences
- Over 10 ft = private nuisance
- State Law
- CA Civil Code §841.4
- Disputes
- Civil matter between neighbors
Summary
Boundary fences in Santa Monica follow CA Civil Code §841 (Good Neighbor Fence Act) for shared cost. Spite fences over 10 ft are a private nuisance under CA Civil Code §841.4. Disputes are a civil matter between neighbors.
841. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. (b) (1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence. (2) Where a landowner intends to incur costs for a fence described in paragraph (1), the landowner shall give 30 days' prior written notice to each affected adjoining landowner.
Full Breakdown
Under SMMC §9.21.050, height modifications for side or rear fences require adjacent parcel owner agreement, verified ownership, and a notarized letter of consent recorded with the LA County Recorder. For overhanging hedges, if any portion of a hedge (including roots) encroaches onto an adjoining parcel, the adjoining owner has the right to remove encroaching portions back to the property line after giving 30 days' notice and opportunity to cure, provided they act reasonably. The adjoining owner may file civil action to recover costs of removing encroaching hedge portions. Hazardous visual obstructions near driveways and intersections must be kept under 24 inches.
Violations & Fines
Disputes over non-compliant fences or encroaching hedges may be resolved through code enforcement action or civil litigation. The City may order modification of fences that create hazardous visual obstructions.
Frequently Asked Questions
Who pays for a fence between neighbors in Santa Monica?
What are the rules about shared fences in Santa Monica?
Sources & Official References
Other rules in Santa Monica
California rules heatmap·Compare Santa Monica to another location·View the California fence regulations overview
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Neighbor Fence Rules in Nearby Cities
How other cities in Los Angeles County handle neighbor fence rules.