Fence Viewer

Duties & Responsibilities

The Fence Viewer is appointed by the Board of Selectmen has certain powers under Massachusetts General Laws, Chapter 49 concerning boundary fences.

Spite Fences

What is the Massachusetts law concerning "spite fences"?

The Massachusetts law is Chapter 49, Section 21 which reads:

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 [of the Massachusetts General Laws].