Neighbor Fence Rules: Somerville vs Waltham
How do neighbor fence rules rules compare between Somerville, MA and Waltham, MA?
Somerville and Waltham have similar restriction levels.
Somerville, MA
Middlesex County
Massachusetts General Laws Chapter 49 governs partition fences between neighbors, and Somerville follows the state rule that the finished side faces the neighbor's property.
View full Somerville rules →Waltham, MA
Middlesex County
Massachusetts General Laws Chapter 49 governs boundary fences, while Waltham handles disputes under local code and common-law spite fence rules.
View full Waltham rules →Key Facts Comparison
| Fact | Somerville | Waltham |
|---|---|---|
| Governing law | MGL Chapter 49 | - |
| Finished side | Faces neighbor | - |
| Spite fence rule | MGL c.49 s.21 | - |
| Cost-sharing disputes | Board of Fence Viewers | - |
| Shared fence | Requires written agreement | - |
| State Fence Law | - | MGL c.49 |
| Spite Fence | - | MGL c.49 s.21 - over 6 ft |
| Cost Sharing | - | Not automatic |
| Finished Side | - | Custom faces neighbor |
| Court | - | Middlesex Superior |
Highlighted rows indicate differences between cities.
Somerville FAQ
Do I have to share fence costs?
Under MGL c.49 cost-sharing is possible between abutting owners of improved land; in practice most Somerville neighbors negotiate informally.
What is a spite fence?
Any fence over 6 feet built to annoy a neighbor with no legitimate use; Massachusetts law allows it to be declared a private nuisance.
Waltham FAQ
Does my neighbor have to pay half?
No, Massachusetts does not mandate cost sharing for boundary fences.
Can I sue over a spite fence?
Yes, if taller than 6 feet and malicious, under MGL c.49 s.21.
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