Massachusetts Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence

State:
Multi-State
Control #:
US-01136BG
Format:
Word; 
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Description

Statutes in many states regulate the establishment, apportionment, and maintenance of partition or division fences. The statutes generally require owners of adjoining lands to share or contribute equally to the erection or maintenance of such fences, unless the rights and obligations of the parties have been fixed differently by agreement.

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  • Preview Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence
  • Preview Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence

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FAQ

If a tree falls in a storm, who pays?, Lawley Insurance. Generally speaking, if your property is damaged, you are responsible for the damages. It doesn't matter if the tree or limb came from your property, your neighbor's property or even municipal property.

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.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

A fence up to six feet in height may be located on or close to a lot line. No building permit is required. However, a fence cannot obstruct views on corner lots. To construct a fence over six feet in height, you are required to obtain a building permit.

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.

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Massachusetts Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence