Mass. Gen. Laws » Part I Title VII Chapter 49
Massachusetts General Laws

Mass. Gen. Laws ch. 49, § 21 (2026)

Fences deemed a private nuisance; right of action

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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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.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2004–2021 · leading case: Dowdell v. Bloomquist, 847 A.2d 827 (R.I. 2004).
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Dowdell v. Bloomquist, 847 A.2d 827 (R.I. 2004). · cites it 6× “" Mass. Gen. Laws Ann. ch. 49, § 21 (West 1994).”
Drury v. Drury, 25 Mass. L. Rptr. 513 (Mass. Super. Ct. 2009). · cites it 4× “Steven’s basic claim is that Scott has erected and maintained a “spite fence,” as that term is used in G.L.c. 49, §21 on or about the property line dividing their two properties.”
O'Brien v. Powers, No. MISC 19-000205 (Mass. Land Ct. July 23, 2021). “The plaintiff's spite fence claim pursuant to G. L. c. 49, § 21, is, by statutory definition, "an action of tort for damages.”
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