Massachusetts Statewide Rule

Massachusetts Spite Fence Statute Statewide Rule

Some RestrictionsApplies statewide across Massachusetts (2026)

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.

Key Facts

Statute: MGL c. 49 s. 21
Trigger Height: Over 6 feet
Required Element: Malicious intent
Remedy: Damages and injunction

Source: Massachusetts General Court

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?

Yes, MGL c. 49 Section 21 is statewide statutory law applying uniformly in every Massachusetts city and town regardless of local ordinances.

What must a neighbor prove to win a spite fence case?

The plaintiff must show the fence exceeds six feet, was erected or maintained maliciously, and serves no reasonable purpose other than to annoy the neighbor.

Can dense hedges qualify as spite fences?

Massachusetts courts have extended the statute to include rows of trees or hedges intentionally maintained as fences when erected with malicious intent.

Sources

MGL c. 49 s. 21

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Full Breakdown

Frequently Asked Questions

Does Massachusetts spite fence law apply to all towns?

Yes, MGL c. 49 Section 21 is statewide statutory law applying uniformly in every Massachusetts city and town regardless of local ordinances.

What must a neighbor prove to win a spite fence case?

The plaintiff must show the fence exceeds six feet, was erected or maintained maliciously, and serves no reasonable purpose other than to annoy the neighbor.

Can dense hedges qualify as spite fences?

Massachusetts courts have extended the statute to include rows of trees or hedges intentionally maintained as fences when erected with malicious intent.