Fence laws in Massachusetts

Who owns the fence between two properties in Massachusetts?

StatedThe code gives a plain answer, and the line it appears on is quoted.

Massachusetts splits a partition fence in equal shares between the neighbors on either side. The duty runs as long as both of them keep improving their land, and it gives way to any agreement they reach instead. Massachusetts also keeps the old fence viewer office, appointed in every town, to settle disputes about those shares.

The occupants of adjoining lands enclosed with fences shall, so long as both of them improve the same, maintain partition fences in equal shares between their enclosures, unless they otherwise agree.

M.G.L. c. 49, § 3Massachusetts General Court · Read 13 September 2026

How tall can a fence be in Massachusetts?

SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.

Massachusetts sets no statewide limit on residential fence height. The six foot figure in Chapter 49 is a trigger for a nuisance claim against a malicious fence, not a cap on how tall a fence may be. Chapter 49 covers fence viewers, partition fences and boundary disputes, and nowhere limits ordinary fence height. That is left to municipal zoning bylaws.

Documents read before writing that:

• M.G.L. c. 49Massachusetts General Court
• M.G.L. c. 49, § 21Massachusetts General Court

Do I need a permit for a fence in Massachusetts?

StatedThe code gives a plain answer, and the line it appears on is quoted.

Massachusetts runs one state building code, 780 CMR, written by the Board of Building Regulations and Standards under this statute. The board makes the rules on construction and on issuing permits. The tenth edition is based on the 2021 International Codes, and its chapter 51 adopts the 2021 International Residential Code with Massachusetts amendments. The list of work exempt from a permit sits inside 780 CMR rather than in the statute.

To formulate, propose, adopt and amend rules and regulations relating to (i) the construction, reconstruction, alteration, repair, demolition, removal, inspection, issuance and revocation of permits or licenses

M.G.L. c. 143, § 94Massachusetts General Court · Read 13 September 2026

Pool fence requirements in Massachusetts

StatedThe code gives a plain answer, and the line it appears on is quoted.

Massachusetts states a pool fence height in statute, but only for public and semipublic outdoor inground pools. Those get a six foot fence secured at ground level. A board or stockade fence may be five feet, and anything over five feet has to be chain link. This section does not reach a private backyard pool at a home, which is governed by the state building code instead.

Every public and semipublic outdoor inground swimming pool shall be enclosed by a fence six feet in height and firmly secured at ground level provided that any board or stockade fence or structure shall be at least five feet in height, but if over five feet in height, the fence shall be chain link.

M.G.L. c. 140, § 206Massachusetts General Court · Read 13 September 2026

6 ftfence height around a public or semipublic outdoor inground swimming pool

Spite fence laws in Massachusetts

StatedThe code gives a plain answer, and the line it appears on is quoted.

Massachusetts has the best known spite fence law in the country. A fence, or a structure in the nature of a fence, that unnecessarily goes over six feet and was put up or kept up out of malice to annoy a neighbor counts as a private nuisance. A neighbor harmed in the comfort or enjoyment of their property may sue in tort for damages. Both the height and the malice have to be present.

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.

M.G.L. c. 49, § 21Massachusetts General Court · Read 13 September 2026

6 ftheight above which a maliciously built fence may be treated as a private nuisance