Massachusetts General Laws Chapter 49 establishes a statewide spite fence statute treating fences over six feet erected maliciously to annoy a neighbor as a private nuisance subject to civil action.
MGL c. 49, Section 21 declares any fence or structure exceeding six feet in height maliciously erected or maintained for the purpose of annoying owners or occupants of adjoining property to be a private nuisance. The aggrieved neighbor may recover damages and obtain injunctive relief in Superior Court. This statute applies uniformly across all 351 cities and towns and cannot be overridden by local fence ordinances.
Civil action for damages, injunction requiring removal or reduction, attorney's fees in some equity cases.
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