My neighbor's fence is about seven feet high, and butt-ugly. Isn't that an illegal 'spite fence'? Posted by madneighbor on The Forum.
Editor's Response:
Maybe. Massachusetts General Laws Chapter 49, Section 21 says: "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."Obviously the language of the above passage (e.g., 'maliciously erected') is key to establishing a cause of action.
You should also check with your town or city for its local ordinances relevant to fencing. Often, town and cities limit fences to six feet unless the owner received a variance.
Submitted by admin on Sun, 03/15/2009 - 09:52