Massachusetts Agreement between Adjoining Landowners to Maintain Partition Fence

State:
Multi-State
Control #:
US-13402BG
Format:
Word; 
Rich Text
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Description

A Partition fence means a fence that is located on the division line between the adjoining properties of two owners. This form is a sample of an agreement to maintain such a fence.
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FAQ

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.

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.

If the fence is between the two properties, it's customary to split the costs between the property owners. However, if it's solely on your property or theirs, whoever owns the property the fence is located on should expect to pay the total cost of installation and maintenance.

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.

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.

A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the neighbor's view or obstruct the passage and enjoyment of light or air.

If unenclosed land is afterward enclosed or used for depasturing, the occupant or owner shall pay for one half of each partition fence standing upon the line between it and the enclosed land of any other occupant or owner, the value thereof, as determined in writing by the fence viewers; and if thereupon such occupant ...

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.

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Massachusetts Agreement between Adjoining Landowners to Maintain Partition Fence