Attleboro, MA Fence Regulations: Neighbor Fence Rules (2026)
Key Facts
- Spite Fence
- MGL Ch. 49 §21: prohibited
- Shared Cost
- No MA statute requiring cost sharing
- Buffer Yards
- Required between different land uses
- Disputes
- Civil court resolution
Summary
Massachusetts law under MGL Ch. 49 §21 prohibits spite fences over 6 feet erected maliciously. Massachusetts has no shared-cost statute. Attleboro's zoning code requires screening buffers between disparate land uses which may involve fencing.
Section 21: Fences deemed a private nuisance; right of action
Section 21. A fence or other structure in the nature of a fence which unnecessarily exceeds six feet in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance. Any such owner or occupant injured in the comfort or enjoyment of his estate thereby may have an action of tort for damages under chapter two hundred and forty-three.
Full Breakdown
Massachusetts has no statutory fence cost-sharing requirement. Each property owner is responsible for their own fence. MA’s spite fence law (MGL c.49 §21) makes fences over 6 feet erected maliciously to annoy neighbors a private nuisance, actionable in court. The historical perambulation of bounds (MGL c.42 §2) still exists for town boundaries. Property line disputes resolved through surveys and court. Disputes under $7,000 can go to small claims.
Violations & Fines
Spite fence: civil action for damages + injunction (MGL c.49 §21). Property line encroachment: civil suit. Small claims for disputes under $7,000.
Frequently Asked Questions
Who pays for a fence between neighbors in Attleboro?
What are the rules about shared fences in Attleboro?
Sources & Official References
Other rules in Attleboro
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Neighbor Fence Rules in Nearby Cities
How other cities in Bristol County handle neighbor fence rules.