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A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. They can be the cause of heated debate and trigger arguments between neighbours, sometimes over just a few inches of ground.
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.
Primary tabs. An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.
The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise.
Massachusetts laws 49 § 21 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.
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 local ordinance at issue required that any type of residence must be setback at least 10 feet from a property line and at least 20 feet from the street.
A fence over 7 feet must meet the applicable property setbacks. A fence 7 feet or less in height is allowed to be placed on the owner's property line.
There is a term for this battle of land: encroachment. An encroachment happens when a fence or another piece of your neighbor's property crosses the property lines. Other examples of encroachments could involve trees, parts of a building, fencing or any other fixtures located on both pieces of property.