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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Question on definition of 'shared fence' in massachusetts I have a pre-existi

Customer Question

question on definition of 'shared fence' in massachusetts
I have a pre-existing fence inside my property line.
New neighbor is fencing in previously non fenced area.
they want to use my fence and take my property.
city states they have no ordinances only recommendations.
City stated I could put up another fence in addition to existing on my property line,
Do you see any problems (city isnt so informed on state laws and I dont find definition of shared fence in mass chapter 49
Also,mass chapter 49 def of fence is antiquated...doesn't cover vinyl etc. Neighbor put up pvs coated wire fencing (garden variety). I plan to do same on the property line itself.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. Are you saying that your neighbor is putting up a fence to connect with your fence---which would result in his placing part of his fence on your property? This will result in his acquisition of your property and prevent you from accessing your property between your fence and the property line?
2. Has the neighbor (present or past) used your thin section of property (between your fence and the property line) for anything over the past 7 years since your fence went up?