Massachusetts spite fence law, found at General Laws Chapter 49, Section 21, treats a fence built mainly to annoy a neighbor as a private nuisance. If the structure unnecessarily exceeds six feet and malice was the dominant reason it went up or stays up, the affected neighbor can sue for money damages and ask a court to order the fence cut down or removed.1General Court of Massachusetts. Massachusetts Code Chapter 49 – Fences Deemed a Private Nuisance; Right of Action
When a Fence Counts as a Spite Fence
Two things have to be true at the same time. The fence must unnecessarily exceed six feet in height, and it must have been erected or maintained with the dominant purpose of annoying the owners or occupants next door.1General Court of Massachusetts. Massachusetts Code Chapter 49 – Fences Deemed a Private Nuisance; Right of Action A tall fence by itself is not enough. The extra height has to lack any real justification, and ill will has to be the driving reason behind it.
The malice element is where most disputes turn. Massachusetts courts require that spite be the dominant motive, not simply one factor among several. If the owner had a legitimate reason for the height and would have built the same fence regardless of any feelings about the neighbor, the statute does not apply. Mixed motives give the builder room to argue the fence serves a real purpose, which is why the strongest cases involve a fence with no practical benefit at its current height.
Evidence of malice usually comes together from circumstances rather than a confession. A recent conflict between the neighbors, construction that followed shortly after an argument, written messages showing hostility, and the absence of any functional use for the extra height all help build the picture. The person bringing the claim carries the burden of proof.
Trees, Hedges, and Other Barriers
The statute reaches any “structure in the nature of a fence,” which Massachusetts courts have read broadly. In Duey v. Trudel (2010), the Land Court applied the law to a fifteen-foot tree alongside an eight-foot stockade fence, finding both had been placed with malice and that the portion of the tree above six feet served no legitimate need. A row of fast-growing evergreens, a deliberately placed shed wall, or stacked materials along the property line can all qualify if they function as a fence and meet the other criteria.
What a Court Can Order
Section 21 routes affected owners into the remedies available for private nuisance under Chapter 243. That gives you two paths, and most plaintiffs pursue both.
Money Damages
Any owner or occupant injured in the comfort or enjoyment of their property by a spite fence can bring a tort action for damages.1General Court of Massachusetts. Massachusetts Code Chapter 49 – Fences Deemed a Private Nuisance; Right of Action Awards can cover reduced property value, lost light or views, and the diminished ability to use outdoor space. Documenting the before-and-after with photographs, appraisals, and testimony from people who know the property makes a measurable difference.
Massachusetts generally does not allow punitive damages in tort cases unless a specific statute authorizes them, and the spite fence statute does not. Any award is meant to compensate for actual harm, not to punish the fence builder. Keep that in mind when estimating what a lawsuit is worth financially.
Removal or Cutting the Fence Down
The Superior Court can enjoin a nuisance, which in a spite fence case means ordering the structure removed or cut down to six feet.2General Court of Massachusetts. Massachusetts Code Chapter 243, Section 5 – Injunction to Restrain Nuisance Chapter 243 also lets the court order abatement, and if the fence builder refuses to comply, the costs of physically removing or modifying the structure can be collected from them.3General Court of Massachusetts. Massachusetts General Laws Chapter 243 – Actions for Private Nuisances For most people, the injunction is the remedy that actually fixes the problem. Damages compensate past harm; only a court order gets rid of the fence.
Proving Your Case
Because the dominant-motive standard is a real hurdle, start gathering evidence before filing anything. Useful materials include:
- Photographs showing the fence has no practical function at its current height
- Written messages, texts, or emails where the neighbor expresses hostility
- A timeline tying construction to a specific conflict or dispute
- Statements from other neighbors familiar with the history
- Records of any prior complaints, warnings, or exchanges
If the fence’s location on the property line is at all unclear, pay for a professional land survey. A licensed surveyor’s report is admissible evidence, and the surveyor can testify as an expert. Note that a fence built entirely on the builder’s own property still falls under the statute if it meets the height and motive requirements, so location alone does not shield it.
Deadline for Filing
Massachusetts gives you three years to file a tort action, and private nuisance claims fall within that limit. The clock starts when the cause of action accrues, generally when the harm from the fence first affects you or when you reasonably should have recognized it.4General Court of Massachusetts. Massachusetts General Laws Chapter 260 – Limitation of Actions A spite fence is often treated as an ongoing nuisance rather than a one-time injury, which can affect the timing analysis. Even so, waiting years to act weakens your evidence and may cost you the right to sue.
Steps to Try Before Suing
Litigation is expensive. Filing fees, attorney costs, survey work, and the time commitment all add up, and spite fence cases can take months to resolve. Before heading to court, consider cheaper options that sometimes work.
Check local zoning first. Many Massachusetts cities and towns cap residential fence heights, often at six feet in back yards and lower in front. A fence that violates the local code can be challenged through municipal enforcement without proving anyone’s motive. Call your building department and ask what rules apply.
A direct conversation or a letter from an attorney citing Section 21 can also do real work. Some neighbors who put up provocative fences are testing limits rather than committed to a court fight, and a formal demand sometimes prompts them to lower or remove the structure. Mediation is another option worth considering before filing.
If none of that moves the fence, the statute gives you a path forward, and the stronger your documentation when you walk into court, the better the outcome tends to be.