In Massachusetts, a “spite fence” is a fence or structure over six feet tall built maliciously to block a neighbor’s light, view, or enjoyment of their property. Under Massachusetts General Law Chapter 49, Section 21, this act is illegal and can result in fines or mandatory removal.
Understanding the Spite Fence Law
The Spite Fence Law in Massachusetts protects property owners from intentionally obstructing structures. If a neighbor builds a tall fence to annoy or harass you, you may have legal grounds to act.
A spite fence is defined as:
- Over six feet in height
- Constructed maliciously
- Intended to interfere with another’s property use or enjoyment
According to the Massachusetts General Court, a property owner affected by a “spite fence” can file a civil complaint. The court may order the fence’s removal or award damages.
How to Handle a Spite Fence Situation
If you suspect your neighbor’s Southeastern Massachusetts residential fence violates this law, follow these steps:
- Document the Fence
Take photos, note measurements, and record any hostile behavior or communication. - Confirm Property Lines
Hire a licensed surveyor to confirm the exact boundaries. - Communicate with Your Neighbor
Try to resolve the matter respectfully with your neighbor first. - Consult Local Authorities
Speak with your town’s building department to verify fence height regulations. - Seek Legal Guidance
If the fence was clearly built in bad faith, contact a property attorney to file a claim.
Fence Etiquette and Local Rules
Each Massachusetts town may also enforce additional rules about fence height and placement. For example, Middleborough may require permits for certain fence types. Homeowners can review local building codes or speak with a trusted Southeastern Massachusetts fence company like Down Home Fence for guidance on compliant, neighbor-friendly installations.
Building the Right Fence with Down Home Fence
As a Southeastern Massachusetts residential fence expert, Down Home Fence helps homeowners build fences that enhance beauty and privacy while respecting local and state laws. Our experienced team ensures every project meets code and neighborly standards.
View our photo gallery to get inspired and read our testimonials to see why homeowners throughout Middleborough and the surrounding areas choose us for their Massachusetts residential fence projects.
Know Your Rights and Build Responsibly
Understanding what the spite fence law in Massachusetts is helps homeowners protect their property and maintain positive relationships. For questions about fence design or installation, contact us or call (508) 948-3333 today.
