Property Line and Fence Laws in Maine

Property line and fence laws in Maine serve to resolve disputes with neighbors, regulating boundaries and fence construction.

According to the most recent census, Maine is one of the most rural states in the nation. More than 60% of residents live outside of cities. Even with all this open space, neighbors still clash over property line issues.

Homeowners also tend to argue over fence lines. The fence may be too high or encroach on the neighbor's property. Sometimes, one resident complains to code enforcement that their neighbor is violating the local zoning ordinances or fence laws.

This article explains how Maine's fence and property line laws work. It also offers tips on how to resolve a fence or tree line dispute with your neighbor.

If an ongoing property dispute just won't get resolved, contact a local real estate attorney for help. We've also included links to FindLaw articles you'll find helpful at the bottom of the page.

Quick Look: Maine Property Line and Fence Laws

Understanding Maine's fence, property line, and land use laws can be difficult. At the same time, you must familiarize yourself with these laws if you want to hold your own in a neighbor dispute. To help, we've summarized Maine's state laws on fences and property lines below.

State Statutes

• Maine Revised Statutes, Title 30-A, Section 2952 (Maintaining division fences)
• Maine Revised Statutes, Title 30-A, Section 2951 (Legal fences)
• Maine Revised Statutes, Title 30-A, Section 2957 (Fence repairs)
• Maine Revised Statutes, Title 30-A, Section 2801 (Spite fences)

Boundary Disputes

Under Maine law, homeowners can resolve a boundary dispute regarding an abutting property in the following ways:

• Enlisting a local fence viewer to examine the boundary
• Getting a survey
• Filing a quiet title action in court
• Entering into a written agreement with adjoining landowners
• Filing an adverse possession claim

Local Fence Regulations

• City of Portland Fencing Regulations
• Town of Bar Harbor Building Permits
• City of Bangor Fence Regulations

Maine Fence Law Basics

Maine defines a legal fence as four feet high and in good repair. Homeowners can construct a fence with various materials, including rails, timber, stone, iron, or wire. Natural barriers such as rivers, ponds, creeks, ditches, and hedges are also sufficient.

According to state law, both neighbors must share the costs of maintaining a common fence equally. Although lawmakers drafted many of Maine's fence laws with agricultural use in mind, this joint ownership and contribution rule applies to residential property under the common law.

Local Ordinances and Zoning Rules Affecting Fences

Maine's fence and property line laws blend state statutes, court rulings, common law, local zoning ordinances, and building codes. When resolving a dispute, you must know which laws are controlling.

Local ordinances typically focus on fence heights, location, and building materials. Property owners living in a community with a homeowners' association (HOA) may be subject to even further restrictions.

Spite Fences Are Not Legal in Maine

A spite fence is one that a homeowner erects to annoy their neighbor. Some states, such as Maine, have specific statutes prohibiting the erection and maintenance of spite fences.

Maine's spite fence statute prohibits fences and other structures higher than six feet that a property owner erects and maintains to annoy their neighbors. If a person erects such a fence, their neighbor can file a claim for a private nuisance.

In addition to the statutes regarding spite fences, the Maine Supreme Court has held that planting dense trees or other landscaping next to a neighboring property constitutes a spite fence for nuisance purposes.

Using Fence Viewers to Resolve Disputes

Most people have never heard of a fence viewer until there's a conflict. Maine law provides for fence viewers to serve an out-of-court dispute resolution function. Their job is to determine if a fence is legal and sufficient and inspect and certify repairs to boundary fences.

A fence viewer can also authorize a property owner to erect a boundary fence on land that is not a true boundary if building on the actual boundary is impractical.

When a property owner neglects or refuses to repair their portion of a division fence, the other neighbor can complain to the town fence viewers. The fence viewers will notify the delinquent landowner and give them 30 days to fix the fence. If the homeowner doesn't repair the fence accordingly, their neighbor can make the repairs and sue them for twice the cost of the repairs plus interest.

Trees Along Property Lines

Overhanging branches, creeping root systems, and falling leaves are frequent sources of tension between neighbors. Although you have the right to cut branches that encroach on your property, you can't significantly alter or kill a tree that doesn't belong to you.

Maine law holds that tree ownership depends on the location of the trunk. If the trunk is entirely on your neighbor's property, you cannot significantly alter the tree without their permission.

If you injure your neighbor's tree while trimming it, the court may order you to pay fines and restitution.

Disclaimer: State laws change frequently, due to new legislation, higher court rulings, and other means. FindLaw strives to provide readers with the most current information. However, you should conduct further legal research or consult a local real estate attorney to confirm your state laws.

Seek Legal Advice for Your Property Dispute Issue in Maine

Most neighbors can resolve disputes over fences and property lines over a cup of coffee. If that isn't the case for you, consulting a qualified attorney for help is a good idea. There are plenty of real estate attorneys who can answer your questions about fence laws in the State of Maine. Call a skilled Maine property lawyer and schedule a free initial consultation.