Legal Question in Construction Law in Massachusetts

Hello, I am from Taunton MA and I am erecting a solid fence to block out my bad neighbor and his pitbulls. The fence will run parallel to our driveways, separating them. My plan is to build the fence 4' high for the first panel and ramp up to 6' for the remainder. The fence will be set back from the road 5'. My town has no restrictions pertaining to how far from the road the fence should begin, therefor, am I in danger of being liable for anything should my neighbor get into an accident and blame it on the fence?


Asked on 7/22/13, 9:30 am

1 Answer from Attorneys
James Thomas Kinder Law Office of James Thomas Kinder

Hello, and thank you for posting your question.

First, you would need to know what the required set backs are for constructing fences along a public way. If your town by laws require that you set the fence 5 feet back from the road, then, ostensibly, the town has decided that that is a safe distance. However, if you erect the fence in such a manner that it poses a threat to persons entering or leaving a public way, and you are aware that it poses just such a risk, and then there is an accident, you could be liable for negligence. This is, of course, a worst case scenario. It would be a good idea for you to conduct some research of your own and make certain you are complying with local by laws, as well as conduct a some research of your own regarding site lines from your neighbors' driveway to make sure that your fence poses no limitations on site line for commuters, and pedestrians, in the immediate vicinity. Remember, and ounce of prevention is worth a pound of cure.

I hope this helped in some way.

Best of luck to you.

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Answered on 9/19/13, 11:33 am


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