Legal Question in Real Estate Law in Massachusetts

Shared Fence Needs Replacement - Both Sides Responsible?

I own a home that currently has a fence demarcating the property line between neighboring house (which is a rental property). Fence needs to be replaced to to age AND damage caused by their previous tenants. Is this neighbor responsible for half cost of fence. Does it matter that his back yard is currently fenced in completely, with one of the four sides of the fence being the fence section in question (the one the separates his property from mine)? Also -- have police report on some of the damage caused by his tenants (who have since moved out).


Asked on 5/25/07, 9:17 pm

1 Answer from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Shared Fence Needs Replacement - Both Sides Responsible?

It is highly unlikely that the fence is the exact property boundary. More likely, it is on one parcel or the other, as measured from the official markings as designated in the title documents in the Registry of Deeds. See if you can find the old iron rods, pipes, granite cornerstones, etc that MAY represent the property corner boundaries, then run a line between them. This is NOT an official boundary measurement or marking but should give you a better idea of whose property the fence is on than the fence itself.

If the fence is on your land and the abutting owner's tenants caused damage, he should be responsible for repairing that damage (assuming you can prove who caused the damage and the extent). If its on his property, its his problem.

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Answered on 5/28/07, 11:15 pm


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