Maine retains a centuries-old statutory framework for fence disputes between neighbors: Title 30-A Chapter 133 governs partition (shared) fences and assigns municipal 'fence viewers' to arbitrate disputes. Title 17 § 2801 governs spite fences as private nuisance.
Maine's neighbor-fence law sits primarily at the state level. Title 30-A Chapter 133 (§§ 2951–2966) establishes 'legal fences,' divides maintenance obligations between adjoining owners, and authorizes municipal fence viewers — town officers empowered to assign each owner a portion of a partition fence and to set repair obligations (30-A §§ 2952, 2953, 2955, 2957). Section 2964 limits the framework's automatic application to house lots and written agreements. Spite fences are addressed by 17 MRS § 2801: any fence (or hedge in the nature of a fence) unnecessarily over 6 feet, maliciously maintained to annoy a neighbor, is a private nuisance. Portland enforces local zoning standards (Chapter 14) on top of these state baselines. Property-line disputes are resolved through Cumberland County Superior Court with reference to recorded surveys.
Spite-fence claims under 17 MRS § 2801 are civil — remedies include injunctive removal and damages. Fence-viewer assignments under 30-A § 2953 are enforceable; failure to build an assigned portion of partition fence triggers consequences under § 2956. A fence built encroaching on a neighbor's land is a trespass and may be ordered removed.
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