New Bedford Ma Fence Laws

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A fence or other structure that is unnecessarily more than six feet high and is primarily used to harass residents of the adjacent property is considered a private nuisance under this Act. Any aggrieved owner or occupant may bring an action in tort for damages. Remember that you have to prove in court that your neighbor built the fence for malicious purposes. Handbook on fence viewers and laws on fences in the Commonwealth of Massachusetts, by Larson and Cramer, 2004. “This manual is intended to serve as an informal guide to fence observer and fencing laws in general in the Commonwealth of Massachusetts.” If the general and zoning laws appear separately on the city`s website, we list them separately here. If both appear on a single web page in the city, the link to the city will contain both. The state requires landowners on both sides of a border fence to share the costs of construction and maintenance, unless otherwise agreed. If one neighbor does not pay, the other can file a complaint with the county`s designated fence observer and collect double the amount from the defaulting owner. If the payment is still not made after 30 days, the neighbor can sue and add one percent per month as an interest penalty. Imagine coming home one afternoon and realizing that your neighbors have completely closed their property with a barbed wire fence! Not only does it make you feel like you`re living next to a prison, but the unsightly fence also hurts the value of your property.

What can you do? To find out if your city has a similar ordinance or bylaws, please review the Massachusetts City and City bylaws and bylaws. Don`t let a disagreement over the property line turn into a neighborhood quarrel. If you can`t solve a problem yourself, a real estate attorney can help you overcome emotions and find a legal solution. Get started today and learn more about Massachusetts` fence and boundary law by contacting a Massachusetts real estate attorney near you. A collection of municipal and municipal ordinances or by-laws, available online and compiled by trial court law libraries. The complaints mainly concern abandoned and destroyed vehicles, swimming pools, animals and fences. Some of these issues and concerns could be alleviated simply by learning the practices and principles of the City of New Bedford`s Construction Department. MGL v. 49 Section 21 A fence or other structure of the type of fence that is unnecessarily more than six feet high and that is erected or maintained in a malicious manner to nuisance the owners or occupants of adjacent land is considered to be a private nuisance. For example, if you want to build a fence, check the closure orders in your area.

City or county laws often dictate the height, location, and appearance of a fence. State law applies to real estate located in unincorporated areas. Today, any citizen can ask a fence observer to see a fence, to see that it is in good condition, and in case of disputes between neighbors, he works to resolve their differences. Issues such as the size, condition, and distance of property lines are common complaints handled by fence passers-by. What if you argue with your neighbor and go home to find a huge wall between your properties? Let`s say half of your house is thrown into the shadow of this fence. Although landowners generally do not have the legal right to see the view or sunlight, you may be protected by the Massachusetts Fence Act if the fence was built primarily out of ill will. Neighbor Law: Fences, Trees, Borders & Noise by Emily Doskow, Nolo, 2020. This table provides a summary of the main laws in Massachusetts relating to property boundary and fence disputes. The Massachusetts Property Boundary and Fence Act is designed to help resolve many common and some less common neighborhood conflicts. Under state law, each city must appoint two or more fencers each year to resolve fence disputes. This position was created in 1693. These first fence monitors were tasked with mediating or prosecuting fence crimes committed by neighboring farmers.

The entry of cattle was illegal. Borders and fences had to be respected. If you have a property dispute with a neighbor, it`s hard to know what to do. If you do not enforce your property line, you risk losing your ownership rights to the disputed land. Fortunately, Massachusetts has well-developed state and local laws on fences, trees, and property lines that can help resolve many disagreements. Massachusetts Laws on Property Disputes Between Neighbors, Nolo.com “A breakdown of Massachusetts laws on neighborhood disputes involving trees, fences, and the right to cultivate.” Note: State laws can always change through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. If your neighbor`s tree extinguishes the sun, can you force him to cut it down? Not in Massachusetts, National Law Review, February 8, 2019. Explains the holding company in Shiel v.

Rowell: If a tree is healthy, a homeowner does not need to cut or prune it to please a neighbor. If branches or roots cross a property line, neighbors can cut them themselves. Shiel v. Rowell, 480 Mass. 106 (2018) Confirms the “Massachusetts Rule” that “a person whose property is damaged by a neighbor`s healthy tree has no cause of action against a landowner of the property on which the tree is located.” However, homeowners who are disturbed by their neighbours` trees are “not without recourse”. They are free to remove any part of the tree that exceeds the property line. Kurtigan v. City of Worcester, 348 Mass. 284 (1965)The city was held liable for damage caused by the branches of a dead tree falling from land that the city had acquired due to non-payment of taxes. “Public order in a civilized community requires that there be someone who is held responsible for a private nuisance on property, and that there be no oasis of irresponsibility, especially in an urban area, where a private nuisance can be maintained with impunity.” Glavin v.

Eckman, 71 Mass. App. Ct. 313 (2008) The owner of Martha`s Vineyard and her tree contractor cut down ten mature trees on a neighbor`s property to improve their own view of the ocean. The court upheld a jury award that awarded the aggrieved owner the $30,000 replacement cost of the trees, rather than damages measured by the value of the timber or the depreciation of the property. Trouble Next Door: What to Do with Your Neighbor, Oceana, 2007 Neighbor conflicts over water damage, Nolo.com This website is not specific to Massachusetts and describes general standards of liability for water matters. “Liability risks of pruning a neighbor tree”, by Bruce Medoff and Philip M. Hirshberg, 24 Mass. lawyers weekly 1967 (June 3, 1996) We respond to approximately 2500 complaints and miscellaneous issues each year. Wellesley Conservation Council v. Pereira, Civil No. 17-863 (Norfolk Super.

Ct.) (2018), 35 Mass. Law Reporter 113 (2018) A Nature Conservation Board, as a beneficiary of the conservation restriction on the defendant`s property, cannot receive financial damages from the defendants because the defendants cut down trees on their property in violation of the conservation restriction. Michalson v. Nutting, 275 Mass. 232 (1931) The owner of a tree is not responsible for damage caused by its roots on the neighbouring property, but the “right of the neighbour to cut branches and invasive roots is well recognized.” MGL c.242, § 7 Intentional entry on trees, etc.; Infringements are liable “to the owner in tort for three times the amount of damage determined for him”. Good Neighbor`s Guide to Quality of Life Ordinances: Land Maintenance: Vegetation: The property must be free of grass, grass clippings, weeds, leaves, branches or yard waste more than six inches tall. (Springfield Ordinances §§ 327-1 and 327-13) Massachusetts Fallen Tree Law, Mass. Explains who is responsible for a tree that falls on a neighbor`s garden. “Legally, your neighbor is not responsible for a healthy tree falling during a major storm. On the other hand, if the neighbour`s tree was sick or rotten, knew it was in danger of falling and the neighbour did not know it, there could be negligence and liability. Either way, if you have home insurance, insurance companies will fix the mistakes and blame. “MGL c.87, § 3 Cases of public shade trees.

Except as otherwise provided in Division Five, public shade trees may not be felled, pruned or removed, in whole or in part, by any person other than the arborist or his deputy, even if he owns the fee on the land on which the tree is located, unless there is written authorization from the custodian of the tree. Levine v. Schwarz, 312 Mass. 242 (1942) The court refused to issue an injunction prohibiting a neighbor from cutting down a tree at the property line, when the evidence showed that previous work on the tree had reduced it to “one trunk and two branches.” Ritter v. Bergmann, 72 Mass. App. Ct. 296 (2008) clarified that “Glavin does not require that there be a personal reason to support the use of restoration costs as a measure of damage.

Here, the damage done to the Ritters by felling trees on the property next to their home was not just the potential loss of value of the land they hoped to sell, but the loss of their own privacy – regardless of whether Lot 11 was sold or kept. “Ponte v.

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