Massachusetts Statewide Rule
Massachusetts Spite Fence Statute Statewide Rule
Key Facts
- Statute
- MGL c. 49 s. 21
- Trigger Height
- Over 6 feet
- Required Element
- Malicious intent
- Remedy
- Damages and injunction
Summary
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.
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. Register for MyLegislature Register With An Existing Account Register With Your Email Address Sign in to MyLegislature Sign In With Your Facebook or Google+ Account Sign In With Your MyLegislature Account Learn More Here! »
Full Breakdown
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.
Violations & Penalties
Civil action for damages, injunction requiring removal or reduction, attorney's fees in some equity cases.
Frequently Asked Questions
Does Massachusetts spite fence law apply to all towns?
What must a neighbor prove to win a spite fence case?
Can dense hedges qualify as spite fences?
Sources
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