In Massachusetts, neighbors who both use a partition fence must maintain it in equal shares unless they agree otherwise. That is General Laws chapter 49, section 3. It applies when both properties are enclosed and both owners use the fence.
This page is general information, not legal advice. For a dispute, talk to your city or town or to a lawyer.
Does my neighbor have to pay for half of a new fence?
Not automatically. The statute covers maintaining a partition fence that both sides use. A neighbor who does not want a fence, or who wants a different one, usually cannot be made to pay for your choice. Most shared fences here are paid for by agreement between the two owners.
Who owns the fence between two properties?
A fence that stands entirely on one lot belongs to that owner. A fence on the line that both sides use is treated as shared. If nobody knows which it is, a plot plan or survey shows where the fence sits.
Can my neighbor put up a fence without asking me?
On their own property, generally yes, as long as it meets the city's height and permit rules. A fence that needlessly exceeds six feet and was put up to annoy the neighbor is a private nuisance under chapter 49, section 21.
A survey shows the fence is on the wrong side of the line. Now what?
Talk to the neighbor first. The choices are to move the fence, or to sign an agreement that lets it stay. A lawyer can tell you what applies to your situation. We can move an existing fence to the surveyed line.
My neighbor and I agreed to split a new fence. How does the billing work?
Put it in writing before work starts: the fence line, material, height, total price and each share. We can write the estimate to show the shared run and each owner's portion.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
You can build a fence fully inside your own line without the neighbor's signature, subject to city rules. Have the line marked first so there is no question later.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
If the fence is on your land, it is yours to replace. If it is on the line and shared, give the neighbor notice in writing before removing it.
My neighbor's tree roots are lifting our fence. Who handles that?
An arborist deals with the roots and a fence company with the fence. Cutting major roots can kill or destabilize a tree, so get the arborist's view before anyone digs. Sometimes the answer is to bridge the root with a longer span between posts.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
A fence can be stiffened from your side with heavier posts, a bottom rail or tension wire, but a residential fence is not built to hold a load. Ask the owner in writing to move it, and contact the city if it continues.
The fastest way to get a real number is a free on-site estimate. Call (617) 917-2681 or text us a photo of the fence line.