Property Line Laws in Massachusetts

Massachusetts property line laws draw on nearly four centuries of legal tradition, with some of the oldest property records in the United States. The state's fence viewer system dates back to colonial times, and its Land Court provides specialized judicial expertise for property disputes. With high property values across Greater Boston and dense suburban development, boundary accuracy is critical, and disputes frequently involve colonial-era stone walls and deed descriptions referencing long-vanished landmarks.

Fence Laws in Massachusetts

Fence laws determine who is responsible for building and maintaining boundary fences between neighboring properties. In Massachusetts, understanding these rules can prevent costly disputes with neighbors.

General Fence Law

Massachusetts follows: closed range statewide

Massachusetts is a closed-range state. The state retains colonial-era fence viewer statutes (Mass. Gen. Laws ch. 49) under which town-appointed fence viewers can assign each adjoining owner their share of a partition fence. Adjoining landowners are generally required to maintain their respective portions of boundary fences.

Notification Requirements

Under Massachusetts fence viewer statutes, a landowner may petition the town fence viewers to inspect a partition fence and assign maintenance responsibilities before building or repairing a shared fence.

Spite Fence Rules

Massachusetts has a specific spite fence statute (Mass. Gen. Laws ch. 49, § 21). A fence exceeding six feet in height that is maliciously erected or maintained for the purpose of annoying an adjoining owner is deemed a private nuisance.

Adverse Possession in Massachusetts

Adverse possession is a legal doctrine that allows someone to claim ownership of land they have occupied openly and continuously for a certain number of years. Understanding these rules is important for protecting your property rights.

Statute of Limitations: 20 years in Massachusetts

Requirements for an Adverse Possession Claim

Claimant must demonstrate actual, open, notorious, continuous, hostile, and exclusive possession for 20 years. Massachusetts also recognizes adverse possession claims under the registered land system (Land Court), though these are more difficult to establish.

If you are a property owner in Massachusetts, knowing the adverse possession period helps you understand the importance of monitoring your boundaries and addressing encroachments promptly. Regular boundary checks can help protect your ownership rights.

Timber Trespass Laws in Massachusetts

Timber trespass occurs when someone cuts, removes, or damages trees on another person's property without permission. Massachusetts law provides significant penalties to deter this behavior and compensate affected property owners.

Penalty: triple damages

Statute Reference

Mass. Gen. Laws ch. 242, § 7 provides for treble damages for willful and intentional cutting or destruction of trees on another person's land.

To avoid accidental timber trespass, always verify your property boundaries before clearing trees or brush near boundary lines. Even unintentional cutting on a neighbor's land can result in significant liability.

Resolving Boundary Disputes in Massachusetts

Boundary disputes between neighbors are common and can arise from unclear property lines, encroaching structures, or conflicting surveys. Massachusetts offers several paths to resolve these disagreements.

Resolution Options

Boundary disputes in Massachusetts are resolved through the Superior Court or the Land Court, which has specialized jurisdiction over property matters including registered land. Survey evidence, historical deed research, and stone wall locations are all considered.

Quiet Title Actions

Quiet title actions may be filed in Superior Court or Land Court. The Massachusetts Land Court is a specialized tribunal with particular expertise in boundary and title disputes, making it a preferred venue for complex cases.

The best way to prevent boundary disputes is to know exactly where your property lines are. Having a clear understanding of your boundaries before issues arise saves time, money, and relationships with neighbors.

Property Easements in Massachusetts

An easement grants someone the legal right to use a portion of your property for a specific purpose. Understanding the easements that affect your land is essential for knowing your full property rights.

Common Easement Types

Common easements in Massachusetts include utility easements, beach and coastal access easements, conservation restrictions, and private road easements. Prescriptive easements over private ways are frequently litigated in the state's older towns and cities.

Prescriptive Easements

Prescriptive Easement Period: 20 years in Massachusetts

A prescriptive easement can be established when someone uses a portion of your property openly and continuously for the statutory period without your permission. Like adverse possession, monitoring your property boundaries regularly can help prevent prescriptive easement claims.

How to Determine Your Property Boundaries

Knowing your exact property lines is the foundation of protecting your rights under Massachusetts law. Here are the most common ways to determine where your boundaries are:

Check county records — Massachusetts has 14 counties, many of which provide online GIS or parcel viewer tools where you can look up property boundaries by address.
Review your deed — Your property deed contains a legal description of your land with metes and bounds measurements or lot and block references.
Look for physical markers — Iron pins, concrete monuments, or survey stakes may mark your boundary corners from a previous survey.
Hire a licensed surveyor — The Massachusetts Board of Registration of Professional Engineers and Professional Land Surveyors regulates land surveyors in Massachusetts. A professional survey provides a legally binding boundary determination.
Use ParcelVision AR — See your property lines overlaid on the real world through your iPhone camera for an instant visual understanding of your boundaries.

Visualize Your Boundaries Instantly

Before spending hundreds on a survey, use ParcelVision to see your property lines in augmented reality on your iPhone. Search any address in Massachusetts and walk your boundaries in minutes.

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Frequently Asked Questions

How long does adverse possession take in Massachusetts?

Massachusetts requires 20 years of actual, open, notorious, continuous, hostile, and exclusive possession. Claims involving registered land (Land Court parcels) face additional procedural requirements and are more difficult to establish.

What is a spite fence under Massachusetts law?

Under Mass. Gen. Laws ch. 49, § 21, any fence over six feet tall that is erected or maintained maliciously to annoy a neighbor is considered a private nuisance. The affected neighbor can seek a court order to have it reduced or removed.

How do fence viewers work in Massachusetts?

Massachusetts towns appoint fence viewers who can inspect shared boundary fences and assign each adjoining landowner their maintenance responsibility. This colonial-era system remains on the books and can resolve partition fence disputes without going to court.