Massachusetts § 21 Fences deemed a private nuisance; right of action

Massachusetts Statutes

§ 21 — Fences deemed a private nuisance; right of action

Massachusetts § 21

Part IADMINISTRATION OF THE GOVERNMENT

Title VIICITIES, TOWNS AND DISTRICTS

Ch. 49FENCES, FENCE VIEWERS, POUNDS AND FIELD DRIVERS

This text of Massachusetts § 21 (Fences deemed a private nuisance; right of action) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mass. Gen. Laws ch. 49, § 21 (2026).

Text

Section 21. A 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. Any such owner or occupant injured in the comfort or enjoyment of his estate thereby may have an action of tort for damages under chapter two hundred and forty-three.

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Section 21. A 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. Any such owner or occupant injured in the comfort or enjoyment of his estate thereby may have an action of tort for damages under chapter two hundred and forty-three.

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Bluebook (online)

Massachusetts § 21, Counsel Stack Legal Research, https://law.counselstack.com/statute/ma/49/21.