Property Line and Fence Laws in Massachusetts

Property line and fence laws in Massachusetts set forth the regulations for boundary lines and fence construction to resolve disputes among neighbors.

Imagine you come home one afternoon to find your neighbors have completely enclosed their property with a barbed-wire fence. It would make you feel like you’re living next to a prison, and the unsightly fence would hurt your property value. What can you do?

Good fences make good neighbors, right? While most neighbor disputes are not this extreme, it does paint an accurate picture of what can happen when adjoining property owners disagree about a fence or property line. The good news is that boundary disputes don’t have to be a war.

Massachusetts has laws that dictate where to erect a new fence and what fencing materials you can use. There’s a good chance your town or municipality has specific laws regarding fence setback requirements, tree encroachment, and other issues you may have with your neighbor.

This articles explain Massachusetts’ fence laws and your rights as a homeowner in New England. It also examines how Massachusetts law determines which property owner is responsible for constructing and repairing a partition fence.

If you’re having trouble settling a fence line dispute, consider contacting a local real estate attorney. We’ve also included helpful links to relevant FindLaw articles at the bottom of this page.

Quick Look: Massachusetts Property Line and Fence Law

When you’re having a property dispute with a neighbor, knowing what to do is challenging. If you don’t enforce your property line, you risk losing your property rights to the contested land. Fortunately, Massachusetts has well-developed state and local laws on fences, trees, and property lines that can help settle many disagreements.

If you’re planning a fence installation or intend to cut down your neighbor’s tree branches, it’s a good idea to familiarize yourself with Massachusetts property line and fence laws. We’ve gathered Massachusetts laws relevant to property line and fence disputes below.

State Statutes

• Mass. 49 § 3 (boundary fence obligations)
• Mass. 49 § 4 (failing to maintain fence)
• Mass. 241 § 1 (private nuisance)
• Mass. 49 §21 (spite fences)
• Mass. 87 § 11 (injury to trees of another)
• Mass. 242 § 7 (willful trespass to trees)
• Mass. 49 § 1 (fence viewers)

Remedies for Encroachment

When a neighbor places a structure that intrudes on or over your land, you can:

• Provide a written agreement for the use
• Request them to remove the encroaching structure
• Get a land surveyor to document the encroachment
• File a complaint with your city’s zoning or permit department
• File a private nuisance action in court

Local Fence Regulations

• City of Boston Fence Regulations
• City of Springfield Zoning Ordinances
• City of Worcester Zoning Ordinances

Requirements for a Lawful Fence in Massachusetts

Under Massachusetts law, all residential fences must meet specific requirements to be deemed lawful. For the most part, these laws apply to all new fence installations. However, your municipality may have other land use regulations that impact the design of your fence and the materials you can use to construct your fence.

According to state law, a lawful fence must meet the following requirements:

• The fence must be at least four feet high
• The property owner must maintain the fence in a state of good repair
• The homeowner installing the fence may only use the following materials:
  • Rails
  • Boards
  • Iron
  • Stone
  • Timber
• Residential fences cannot be constructed with of barbed wire
• You only need a fence permit if your fence is over seven feet tall

If you have legal questions about your fence installation or fence disputes with your neighbors, it’s best to contact a local real estate lawyer. For those who live in a community with a homeowner’s association (HOA), confirm whether the bylaws contain any special rules regarding new fences or fence maintenance.

Fence Costs and Fence Maintenance

Property owners often question whether they are responsible for the costs of repairing and maintaining a division fence. State law requires landowners on both sides of a boundary fence to share all construction and maintenance costs, unless they make other arrangements.

If your neighbor refuses to pay, you can file a complaint with the county’s fence viewer. If the fence viewer finds in your favor, you may be able to collect twice the amount of the delinquent owner’s share. If your neighbor doesn’t pay within 30 days, you can sue for an additional 1% per month in interest.

What Does a Fence Viewer Do?

According to Massachusetts state law, every town must annually appoint two or more fence viewers to settle residents’ fencing disputes. The fence viewer will investigate to help resolve the issue.

Property owners can request a fence viewer to come and determine if a boundary fence is in good repair. They can also resolve issues regarding a fence’s size, condition, and distance from homeowners’ property lines.

Can You Make a Neighbor Cut Their Trees?

Property owners have a right to plant trees, so it’s difficult to dispute your neighbor having too many trees or encroaching branches. However, as a property owner, you also have the right to quiet enjoyment. If your neighbor’s trees are encroaching on your property, you have options.

Under Massachusetts law, there are a few instances where you can force a neighbor to trim or cut down a healthy tree by filing a private nuisance claim. You must demonstrate that your neighbor’s tree growth interrupts the use and enjoyment of your property and that you cannot reach an amicable resolution.

You can trim branches to your property line when branches cross your property. However, if you damage the tree’s health or trim branches on your neighbor’s property, you may face criminal penalties of up to six months in jail.

Spite Fences and Your Right to Sunlight

Some states, including Massachusetts, prohibit homeowners from erecting "spite fences." A spite fence is just what it sounds like – a fence over six feet tall that a property owner erects maliciously or to annoy their neighbor.

You can file a private nuisance claim if your neighbor installs a spite fence. You can also demand damages under Massachusetts’ tort law. Keep in mind that it’s difficult to quantify damages in this type of lawsuit.

In Massachusetts, landowners do not have legal rights to sunshine or a pretty view. Even if you can prove your neighbor’s fence interferes with these things, you must demonstrate an actual injury to prevail in your claim for damages.

Because these cases are so difficult to prove, trying to resolve the issue privately with your neighbor is often the best course of action.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a Massachusetts real estate attorney or conduct further legal research to verify your state laws.

Get Property Dispute Relief From a Legal Professional

Don’t let a property boundary disagreement turn into a neighborhood feud. When you can’t settle an issue on your own, a real estate attorney can help you cut through the emotions and find a legal resolution. Seek legal advice and learn more about Massachusetts fence and boundary line law by contacting a Massachusetts real estate attorney near you.

Related FindLaw Resources

• What Is a Good Neighbor Fence Law?
• Neighbors and Trees: 5 Common Disputes
• Property Line Disputes: 5 Legal Questions About Trees and Fences