Nashua does not have a municipal cost-sharing or partition-fence ordinance. Neighbor fence disputes are governed by New Hampshire state law: RSA 476:1 (spite fences) and RSA Chapter 472 (partition fences). RSA 476:1 makes any fence 'unnecessarily exceeding 5 feet in height, erected or maintained for the purpose of annoying the owners or occupants of adjoining property' a private nuisance, and RSA 476:3 requires removal within 30 days of judgment with a $10 per day penalty. Nashua's residential 7-foot cap (NRO Sec. 190-44.A) is independent of the RSA 476 spite-fence threshold.
NRO Sec. 190-44 does not impose a finished-side rule, a neighbor-notice rule, or a cost-sharing obligation; it only regulates height, traffic interference, and Turnpike-adjacent permits. New Hampshire's spite fence statute, RSA 476:1, provides: 'Any fence or other structure in the nature of a fence, unnecessarily exceeding 5 feet in height, erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.' RSA 476:2 allows the affected owner an action 'on the case for the damage sustained thereby.' RSA 476:3 provides: 'If judgment is rendered for the plaintiff, the defendant shall cause the removal of the nuisance within 30 days from the date of the judgment, and on failure so to do shall forfeit $10 for each day' to the injured party. RSA Chapter 472 (Partition Fences) addresses cost-sharing for fences between adjoining lands generally connected to agricultural occupancy and is administered by selectmen in towns; the City of Nashua does not designate municipal fence viewers for residential lots. Property line determination is the owner's responsibility, typically through a New Hampshire licensed land surveyor; the Department of Building Safety does not perform surveys.
Erecting or maintaining a fence over 5 feet for the purpose of annoying a neighbor violates RSA 476:1 and is a private nuisance subject to a court action under RSA 476:2 and removal within 30 days under RSA 476:3 ($10 per day penalty thereafter). Building a fence over the property line is a civil trespass that the City does not enforce, but a court may order removal. Fences over 7 feet residential (other than Turnpike exception) violate NRO Sec. 190-44.A and are enforceable by the Department of Building Safety regardless of neighbor consent.
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