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Home / Fence Law / The Importance of Understanding Fence Law

The Importance of Understanding Fence Law

July 11, 2013 By Richard

Mailbox and Post and RailFences can be extremely useful and attractive additions to your property. They can help provide safety and protection, as well as beautifully highlight landscaping and features. Most communities though have laws and restrictions and requirements with regard to fences that must be understood and adhered to.

For instance, many communities have regulations when it comes to maintaining fences that serve as partitions between properties. Failure to maintain these structures could result in fines or worse.

Dick Malone, owner of Malone Fence Company, says, “Homeowners need to be proactive, and research their individual city or town’s filed city ordinances or adopted bylaws. Often times they supersede state building codes.”

Over the next few months, we are going to review the specific requirements and restrictions within each community that we service in Massachusetts to help our customers better understand what they can and can’t do. But before we do, there are some basic concepts that need to be covered.

Fence Law

All rules and regulations with regard to fences must be documented and enacted into law, but those laws can be State or City, and so they’re not always found in one convenient place. Furthermore, if you live within a Home Owners Association (HOA) they may have additional rules and guidelines that must be followed.

Fence Viewers

Fence Viewers are individuals appointed within your district whose responsibility it is to assess fence conditions and compliance. Most are mayoral appointments, subject to City Council approval, and server for one year terms.

Fence Definition

While the strict definition of a fence may vary from community to community, it is typically considered a fence if the structure is four feet high or higher, and constructed of rails, timber, boards, iron or stone. Landscaped structures including ditches and hedges may also be considered fences, and are determined by the Fence Viewers.

Situational Requirements

There are instances where a fence is required, such as certain pool installations. This is the area where residents need to pay particular attention. If they’re interested in building something which will require a fence of some kind, they’ll need to plan and budget for that addition.

We will review the specific laws appropriate for each community, and be sure to highlight any differences between that community and others within the State of Massachusetts. In particular, we are going to discuss:

  1. Gloucester, MA
  2. Danvers, MA
  3. Salem, MA
  4. Swampscott, MA
  5. Marblehead, MA
  6. ...and more

If you have any questions about your specific fence installation or requirements or to speak to a professional fence installer that is experienced in servicing the needs of the North Shore Area, please contact us at 978-744-7339.

Filed Under: Fence Law
Tagged With: Fence Bylaws, Municipal Fence Law, State Fence Law

← Malone Fence Company- Services Fence Law Series: Gloucester MA →

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    • We hired Malone Fence Company to design a custom picket fence for our yard. Dick Malone was a pleasure to work with throughout the entire process. He helped us design a beautiful fence and delivered a final work product that exceeded all expectations. His team was also very professional and friendly. We would highly recommend Malone Fence Company to anyone in the market for a high quality fence at a reasonable price.
      ~ Bryan and Kristen

    • Dick and his guys did a phenomenal job on the fence at my home. My wife and I cannot be more pleased with his work!
      ~ Brandon Urbanski

    • I highly recommend Malone Fence Company. They were prompt in responding to my request for an estimate, courteous and professional at our first meeting, and I found their pricing very reasonable. Once I made my decision the work was scheduled and completed in a timely manner, with minimal disruption. I am very pleased with the results and look forward to spending the summer months in my beautiful fenced in yard!
      ~ Linda-Salem MA

    • Thank you very much! We are very happy with the fence- it looks great. 
      ~ Danielle and Steve

    • Dick, thank you. As usual your work is top notch.
      ~ Lynne and Paul

    • Just wanted to drop you a quick note to let you know that your work crew did a great job. As you know, I and my husband weren’t home but my neighbor told me they were “real workers!” He’s in his 70′s so he knows hard workers when he sees them. Thought I would let you know. Thanks, we’ll tell anyone that asks it was Malone Fence Company.
      ~ Kathy

    • I recently hired Malone Fence Company to put up a new wood fence and take down the old fence.  I was quoted for wood, but later questioned if my property would do well with vinyl.  Even though they could have sold me vinyl for more, they were honest with me and told me that wood would hold up better and also look just as nice too. The day came for them to put the fence up, the workers did a great job. My yard is in between big and small, and very awkward. They had a tough job I felt and then to add the sun with it. But they stayed pleasant the whole way through and were very appreciative that I made sure to keep them hydrated though they came prepared as well. They never complained about anything and trust me they had a lot that they could have complained about being how our property is very un-level etc. But they did the best they could do, and their best to me is perfect. It came out so good. I’d recommend them to anyone. They know what they are doing, they go in they do their job and they seem to really love it. I was very impressed! 
      ~ Nicole from Peabody MA

    • Thank you so much for installing our new wooden fence. It looks beautiful, and I am thrilled, as is my husband, with your company’s craftsmanship and professionalism.
      ~ Cindy and Jim

    • We were looking to replace the fencing around our property and chose Malone Fence Company to do the work. Dick Malone came out the day I called to provide an estimate. Dick came on the scheduled day with his crew and provided a beautiful new cedar fence. My husband and I are very pleased with his craftsmanship, professionalism, and a job well done.
      ~ Carol

    MALONE FENCE COMPANY
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    Salem, MA 01970
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    SERVING THE FOLLOWING COMMUNITIES AND MORE:
    Salem, Marblehead, Swampscott, Peabody, Beverly, Saugus, Lynn, Revere, Wenham, Hamilton, Manchester,
    Danvers, Nahant, Middleton, Winthrop, Rockport, Topsfield, Boxford, and Gloucester, Massachusetts.

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