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Demand on Adjoining Landowner to Repair Portion of Damaged Partition...

Massachusetts Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

Category:

Real Estate - Boundary Lines

State:

Multi-State

Control #:

US-01134BG

Format:

Instant download

Description

A partition fence is one erected on the boundary line between two adjoining landowners, where there is no road, alley, or such between them. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. Generally the duty to construct or maintain a partition fence is established by contract, covenant, agreement, or statute.

This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Demand On Adjoining Landowner To Repair Portion Of Damaged Partition Fence?

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FAQ

A claim of adverse possession occurs when a person uses the property that is not theirs for an uninterrupted period of twenty years without the record title owner's permission.

The law places responsibility on both parties because both benefit from the fence. Consequently, when a fence needs repair, both property owners must share the cost. If one party refuses to cooperate, the other party can do any of the following: Write a letter to the neighbor explaining the problem with the fence.

While height restrictions are different in some districts, Massachusetts state regulation mandates that residential fences can be no higher than seven feet in back yards and four feet in front yards. Without a permit. A permit and engineering is required for a fence over seven feet showing footings and wind loads.

The state requires landowners on both sides of a boundary fence to share construction and maintenance costs, unless other arrangements were made. If a neighbor doesn't pay, the other can file a complaint with the county's designated fence viewer, and collect twice the amount of the delinquent owner's share.

The state requires landowners on both sides of a boundary fence to share construction and maintenance costs, unless other arrangements were made. If a neighbor doesn't pay, the other can file a complaint with the county's designated fence viewer, and collect twice the amount of the delinquent owner's share.

Explains the holding in Shiel v. Rowell: If a tree is healthy, a property owner does not have to cut it down or trim it to please a neighbor. If branches or roots cross a property line, the neighbors can cut them themselves.

An example If your neighbor has a history of complaining about noise coming from your backyard pool and he suddenly builds a fence that is so tall that it blocks the sun to your pool, this could be a spite fence. By blocking the sun, your neighbor knows you will not use your pool as much.

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