Plymouth County, MA Fence Regulations: Neighbor Fence Rules (2026)
Key Facts
- Cost Sharing
- Voluntary; no statute
- Boundary Disputes
- Civil court only
- Spite Fence
- Over 6 ft is nuisance
- Survey
- Settles the property line
Summary
Massachusetts imposes no general duty to split a boundary fence's cost; each owner fences their own land. The one statewide neighbor rule is MGL c.49 §21: a malicious fence over six feet is a private nuisance the neighbor can sue over.
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.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
In Plymouth County a shared boundary fence is a private matter. No statute forces one neighbor to pay half of a residential division fence, so cost-sharing happens only by voluntary written agreement. A survey establishes the true line before building; an encroaching fence is resolved in civil court, not by the county or town. The statewide protection every neighbor keeps is MGL c.49 §21, which turns a fence over six feet built maliciously to annoy an adjoining owner into a private nuisance carrying a tort action for damages.
Violations & Fines
An encroaching fence is a civil trespass a court can order removed. A malicious spite fence over six feet exposes the builder to a nuisance suit for damages under MGL c.49 §21.
Frequently Asked Questions
Must my neighbor split the fence cost?
Can I sue over a spiteful fence?
Sources & Official References
Other rules in Plymouth County
Compare Plymouth County to another location·View the Massachusetts fence regulations overview
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