The Massachusetts Spite Fence Law: Can You Sue a Neighbor for Blocking Your View?
Under the Massachusetts Spite Fence Law (Mass. Gen. Laws ch. 49, § 21), a fence over six feet tall built maliciously to annoy a neighbor is considered a private nuisance. You can sue to obtain an injunction forcing your neighbor to tear it down or reduce its height.
Fences are supposed to make good neighbors, but sometimes they are built explicitly to start a war. Whether it is retaliation for a noise complaint or a long-standing property line feud, a neighbor might construct a massive, ugly barrier solely to block your sunlight or ruin your scenic view. Fortunately, Massachusetts is one of the few states with a specific statute designed to prevent this exact type of harassment. If a neighbor in Worcester, Cambridge, or Cape Cod has erected a monstrosity on your boundary line, you have legal rights to fight back. Use our directory to find a local Massachusetts real estate attorney to help you restore your property's view and value.
Understanding the Massachusetts Spite Fence Statute
The state legislature recognized long ago that property rights do not include the right to maliciously harass adjoining landowners. This is codified in the Mass. Gen. Laws ch. 49, § 21. The law specifically states that any 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 6-Foot Rule and Proving Malicious Intent
To win a spite fence claim, you must prove two strict elements. First, the structure must actually exceed six feet in height from the ground level. If the fence is exactly six feet tall, the statute does not apply, regardless of how ugly it is. Second, and much more difficult, you must prove malicious intent. In the foundational case of Rideout v. Knox, 148 Mass. 368 (MA Supreme Judicial Court 1889), Supreme Court Justice Oliver Wendell Holmes ruled that malice must be the 'dominant motive' for building the fence. If the neighbor can prove they built a 10-foot fence for a legitimate purpose-such as containing a large jumping dog, blocking severe highway noise, or legitimate privacy-the court will likely side with them, even if it also happens to annoy you.
Can Planted Trees be Considered 'Spite Fences'?
A common tactic for neighbors trying to skirt the law is planting a dense row of fast-growing arborvitae or pine trees directly on the boundary line, allowing them to grow 20 feet high and block all light. Generally, Massachusetts courts have held that a natural row of trees does not qualify as a 'structure in the nature of a fence' under the strict wording of the statute. Therefore, proving a row of trees is an illegal spite fence is incredibly difficult, though not entirely impossible if they are manipulated or bound together in a structural way. Most visual nuisance claims involving natural trees fail unless they violate local municipal zoning codes regarding boundary plantings.
The Burden of Proof for Visual Nuisances
In Massachusetts, you do not have a guaranteed common-law right to a view or to sunlight. You cannot sue a neighbor simply because their legally built two-story addition blocks your view of the ocean. The burden of proof rests entirely on the plaintiff to prove the 'dominant motive' of malice. Your lawyer will look for evidence such as hostile text messages, previous police reports of neighbor disputes, or the fact that the 'ugly' side of the fence was intentionally faced toward your house contrary to local custom.
Step-by-Step Process to Force a Tear-Down
If you are confident the structure violates the law, you must follow a formal legal process to have it removed.
- Step 1: Obtain a Boundary Survey. You must ensure the fence is actually on the boundary line or the neighbor's property, and precisely measure its height. Hiring a licensed surveyor in Massachusetts typically costs between $1,500 and $3,000. If the fence is actually on your property, it is a simple trespass issue, not a spite fence issue.
- Step 2: Send a Cease and Desist Letter. Your attorney will draft a formal demand letter citing Mass. Gen. Laws ch. 49, § 21, ordering the neighbor to reduce the fence to six feet or face litigation.
- Step 3: Obtain an Injunction in Court. If they refuse, your lawyer will file a civil lawsuit seeking a court injunction to forcibly lower the fence. You will submit a pleading akin to Form SC0001, Massachusetts, Superior Court, Civil Action Cover Sheet, filing your case in a local venue like the Norfolk County Superior Court, Dedham or the Massachusetts Land Court, Boston. The judge has the authority to order the physical alteration or removal of the nuisance.
Frequently Asked Questions (FAQ)
What if my town allows fences up to 8 feet?
Even if local municipal zoning allows an 8-foot fence, the state Spite Fence Law (which triggers at 6 feet) still applies. If you can prove the dominant motive was malicious annoyance, the state statute can override local zoning allowances.
Can I get financial damages for a spite fence?
Yes. Under the statute, an injured party can seek an action of tort for damages (such as decreased property value or loss of rental income) in addition to an injunction to have the fence taken down.
Can a neighbor paint their house a terrible color just to annoy me?
Generally, no. The Massachusetts Spite Fence law applies specifically to fences and fence-like structures. Painting a house an ugly color does not fall under this law, though it might violate Homeowner's Association (HOA) rules if you live in a governed community.
Does the 'ugly side' of the fence have to face inward?
State law does not mandate which way a fence must face. However, many individual Massachusetts towns and cities have local building codes requiring the finished, or 'good side,' of a fence to face outward toward neighbors and the street.
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