Understanding Good Neighbor Fence Policies in Massachusetts

A Guide to Fencing Etiquette and Legal Responsibilities

Building a fence is an important investment that can offer privacy, security, and aesthetic appeal to your property. However, it’s essential to consider the implications of fence construction, particularly in relation to your neighbors. In Massachusetts, as in many other states, there are specific laws and expectations surrounding what’s known as a “good neighbor fence.”  This blog explores what it means to be a good neighbor when it comes to fencing, discusses the relevant legal framework in Massachusetts, and offers practical tips for maintaining positive relationships with your neighbors.

What Is a Good Neighbor Fence?

A good neighbor fence is a fence that benefits both parties and is typically designed to be aesthetically pleasing from both sides. The idea behind this concept is that a fence should serve both the interests of the person who builds it while also respecting the interests of adjacent property owners.

In Massachusetts, good neighbor fences are often encouraged, if not legally required, by local ordinances. They are typically characterized by the following features:

1. Equal Aesthetic Appeal: A good neighbor fence looks the same on both sides, with no “bad” side facing either property. This type of fence is often constructed using a “shadowbox” or “board-on-board” design, which looks identical from either side.
2. Shared Costs: In some cases, neighbors agree to share the costs of building and maintaining a fence, especially if it’s built on the boundary line between two properties.
3. Mutual Agreement: Before erecting a fence, it’s common courtesy to discuss your plans with your neighbor. This conversation can help avoid disputes and foster a cooperative relationship.

Legal Framework for Fencing in Massachusetts

Massachusetts has specific laws and regulations governing the construction and maintenance of fences. Understanding these rules is crucial for avoiding legal disputes and ensuring that your fence meets all legal requirements.

1. Massachusetts General Laws on Fences

In Massachusetts, fences are primarily regulated by local zoning laws, but there are also state laws that apply. The key state law regarding fences is found in Chapter 49 of the Massachusetts General Laws, which addresses the following:

• Boundary Fences: If a fence is built on the boundary line between two properties, both property owners are generally responsible for maintaining it. This law is designed to ensure that neither party bears the full burden of fence maintenance.
• Division Fences: If one property owner decides to build a fence entirely on their property but near the boundary line, they are solely responsible for its construction and maintenance. However, the fence must not encroach on the neighbor’s property.
• Height Restrictions: Typically, fences in residential areas in Massachusetts cannot exceed 6 feet in height without a permit granted by the local municipality. It is important to check the height restrictions determined by your town or city.
• Notification Requirements: While Massachusetts state law does not require you to notify your neighbor before building a fence, it is considered good practice to do so. Some local ordinances may require notification or approval if the fence is on or near a boundary line.

2. Local Zoning Ordinances

Each town or city in Massachusetts may have its own zoning ordinances that further regulate the construction of fences. These ordinances can include rules about:

• Setback Requirements: This refers to how far a fence must be set back from property lines, sidewalks, or roads. In some areas, fences must be set back a certain distance from the street or sidewalk to ensure visibility and safety.
• Fence Design and Materials: Some municipalities have specific guidelines regarding the materials and design of fences, particularly in historic districts or areas with strict aesthetic standards.
• Permits: Depending on the size and location of the fence, you may need to obtain a permit before construction. This is especially true if the fence is taller than the local ordinance allows or if it is being built near a public right-of-way.

3. Dispute Resolution

Disputes over fences are not uncommon, particularly when it comes to issues of boundary lines, maintenance responsibilities, or aesthetic concerns. In Massachusetts, these disputes can be resolved through several avenues:

• Mediation: Many communities offer mediation services to help neighbors resolve disputes amicably. This process is often faster and less expensive than going to court.
• Legal Action: If mediation fails, you may need to seek legal action. Massachusetts courts can adjudicate disputes over fence placement, boundary lines, and maintenance responsibilities.
• Town or City Involvement: In some cases, local building inspectors or zoning boards can become involved in fence disputes, particularly if there is a question of whether the fence complies with local ordinances.

Best Practices for Good Neighbor Fences

To avoid disputes and ensure that your fence is a source of harmony rather than conflict, consider these best practices when planning and building your fence:

1. Communicate with Your Neighbor

Open communication is key to maintaining a good relationship with your neighbor when building a fence. Here’s how to approach the conversation:

• Discuss Your Plans: Before starting construction, talk to your neighbor about your plans. Explain why you want to build the fence and discuss the design and materials you plan to use.
• Seek Input: Ask for your neighbor’s input, especially if the fence will be built on or near the boundary line. They may have preferences or concerns that you hadn’t considered.
• Negotiate Costs: If the fence will be mutually beneficial, consider discussing how the costs might be shared. This can help foster a sense of shared ownership and responsibility.

2. Choose an Aesthetic Design

The appearance of the fence is crucial in maintaining good relations with your neighbor. Consider a design that is appealing from both sides:

• Shadowbox or Board-on-Board Fences: These designs offer a uniform appearance on both sides, which can prevent disputes about the “good” and “bad” sides of the fence.
• Natural Materials: Consider using materials that blend with the natural surroundings, such as wood or composite materials that mimic the look of wood.
• Color and Finish: Choose a color or finish that complements both properties. Neutral colors such as natural wood tones, white, or gray are often good choices.

3. Ensure Proper Maintenance

A poorly maintained fence can quickly become a source of conflict. Regular maintenance is essential for keeping your fence in good condition and ensuring that it remains a positive feature of both properties.

• Inspect Regularly: Check the fence regularly for signs of wear, damage, or rot. Address any issues promptly to prevent them from becoming bigger problems.
• Clean the Fence: Keep the fence clean by removing dirt, mildew, and debris. This improves the appearance and also prolongs the life of the fence.
• Repair Damage: If the fence becomes damaged, repair it as soon as possible. If the fence is shared, discuss the repair with your neighbor and agree on how the costs will be handled.

4. Understand Your Legal Responsibilities

Being aware of your legal responsibilities can help prevent disputes and ensure that your fence complies with all relevant laws and regulations.

• Boundary Lines: Ensure that you know the exact location of your property’s boundary lines before building the fence. This can prevent encroachment on your neighbor’s property and avoid legal disputes.
• Zoning Laws: Check your local zoning ordinances to make sure your fence complies with height, setback, and design regulations. Obtain any necessary permits before starting construction.
• Shared Fences: If your fence is built on the boundary line and is considered a shared fence, remember that both you and your neighbor are responsible for its maintenance.

5. Consider Alternatives

In some cases, a traditional fence may not be the best solution for your property. Consider these alternatives:

• Living Fences: Planting a hedge or row of shrubs can provide privacy while also adding greenery to your property. Living fences are often seen as less intrusive and more environmentally friendly.
• Decorative Screens: For smaller areas, consider using decorative screens made from materials such as bamboo, lattice, or metal. These can provide privacy without the need for a full fence.
• Temporary Fences: If you only need a fence for a short period, such as during construction or landscaping, consider a temporary fence that can be easily removed once your project is complete.

Building a fence in Massachusetts involves more than just selecting materials and hiring a contractor; it requires careful consideration of your neighbors, local laws, and long-term maintenance. By following the principles of good neighbor fencing, you can create a structure that enhances your property, respects your neighbors, and complies with all relevant regulations. Open communication, thoughtful design, and regular maintenance are the keys to ensuring that your fence remains a source of pride and harmony for years to come.

AVO Fence & Supply is a provider of high-quality fencing materials and supplies with locations in Stoughton, Hingham, and Plymouth. We are the leading supplier of cedar in the New England area. Give us a call today at (781) 341-2963.