The Fence On The Line
G.L. c. 49, § 3 — partition fences kept in equal shares while both neighbors improve their land
In Massachusetts, occupants of adjoining enclosed lands maintain partition fences in equal shares between their enclosures for as long as both improve the land, unless they agree otherwise.
When one neighbor does not. A person aggrieved may complain to the fence viewers, who view the fence after notice to both. If they find it insufficient and a partition fence required, they direct the delinquent occupant in writing to repair or rebuild that part within a time they set; if it is not done, the complainant, having repaired their own part, may repair or rebuild the other's.
Where the line actually runs is a boundary question this page does not answer. Whether a particular fence must be shared, and what either neighbor can recover, are questions for a licensed Massachusetts attorney.
Sources for this section (2)
- G.L. c. 49, § 3 — Maintenance of partition fences
- G.L. c. 49, § 4 — Failure to maintain partition fence; proceedings by adjoining occupant
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.