Building or repairing a fence in Massachusetts involves more than just picking out materials and hiring a contractor. Homeowners must navigate a complex web of state statutes, local ordinances, and neighborly etiquette to ensure their fence is both legal and neighbor-friendly. Here’s what you need to know.
Property Lines: The Foundation of Fencing
Before installing a fence, it’s crucial to determine exactly where your property lines are. This helps avoid encroachment onto a neighbor’s land, which can lead to costly disputes or forced removal of the fence.
The most reliable way to establish property lines is by hiring a licensed land surveyor. Relying on old markers, fences, or assumptions can be risky, as property lines are not always where you think they are.
Massachusetts law defines a legal and sufficient fence as one that is at least 4 feet high, in good repair, and constructed of rails, timber, boards, iron, or stone. Fences that unnecessarily exceed 6 feet in height and are erected maliciously to annoy neighbors are considered a private nuisance and may be subject to legal action.
If a boundary fence sits directly on the property line, both neighbors are generally responsible for its maintenance, unless otherwise agreed upon in writing or specified in the property deed.
Fence laws vary by city and town. Most residential areas limit backyard fences to 6 feet in height and front yard fences to 4 feet; but always check with your local building department for specific rules.
Some towns allow fences up to 6 feet on the property line without a permit, but require a permit for fences up to 8 feet. Fences in front of the house are often limited to 3.5 or 4 feet, especially if they are solid.
Setback requirements may exist, dictating how close a fence can be to the property line, street, or sidewalk. Even if not required, placing a fence about 1 foot inside your property line is recommended to avoid accidental encroachment and to allow for maintenance.
Fences over a certain height (often 6 feet) typically require a building permit. If your property is in a historic district or conservation area, you may need additional approvals from local commissions before installing a fence. Permit applications usually require a certified plot plan showing the proposed fence location relative to property lines and structures.
Communication with neighbors is key before building or modifying a fence, especially if it will sit on the boundary line. Written agreements can clarify maintenance responsibilities and prevent misunderstandings.
If a neighbor refuses to maintain their share of a boundary fence, Massachusetts law allows the other party to file a complaint with the city or town. If the neighbor still fails to act, the aggrieved party may repair the fence and seek reimbursement.
Be aware that building a fence solely to annoy a neighbor (“spite fence”) is prohibited if it exceeds 6 feet and serves no legitimate purpose.
Homeowners Associations (HOAs) may impose stricter rules regarding fence design, height, materials, and maintenance agreements. Always check your HOA guidelines before proceeding.
To avoid safety hazards and the violation of local ordinances, fences must not obstruct visibility at intersections or driveways.
In rural areas, special rules may apply for fences intended to contain livestock or protect crops.
As mentioned, both parties are responsible for maintaining a shared boundary fence unless otherwise agreed. Regular inspections and prompt repairs are necessary to keep fences in good repair and compliant with local laws.
By following these guidelines, Massachusetts homeowners can enjoy the privacy, security, and curb appeal of a well-placed fence while staying on the right side of the law.
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.