Fence Viewer
Encyclopedia
A Fence Viewer is a town or city official who administers fence laws by inspecting new fence and settlement of disputes arising from trespass by livestock that have escaped enclosure.
The office of Fence Viewer is one of the oldest appointments in New England
. The office emigrated along with New England pioneers to the Midwest as well, where the office still exists.
A Fence Viewer was needed on those occasions when walls were eroded, moved, or modified illegally. This was a serious offense.
, this position was first established in 1693 by a statute which was amended in 1785 and again in 1836.
Early Fence Viewers, armed with wall measurements, were able to arbitrate and/or prosecute such crimes by adjoining farmers. Trespassing by livestock was illegal. Boundaries and fences had to be maintained. If a farmer neglected his fence, his neighbor could do the repairs and charge his nonperforming neighbor twice the cost. If the negligent neighbor didn't come up with the money, he had to pay 12% interest until payment was made.
Today, the Fence Viewer advises lot owners prior to constructing a fence. The height of the fence can be no higher than six feet except near intersections. Lot owners at intersections cannot erect a fence nor shrubbery closer than five feet to allow good visibility. A fence or shrub near there must be no higher than three feet.
Spite fences erected to annoy neighbors are illegal. The Fence Viewer has the power to order such fences changed to be inoffensive. If hostilities escalate, the building inspector is asked to become involved. His word is final. The Commonwealth of Massachusetts General Laws chapter 49 describe in detail the obligations of lot owners.
in the 18th and 19th centuries. Today they are rarely used. On occasion, the selectmen will call upon them to examine a fence line between adjoining properties to determine what portion of the fence must be made, repaired, or maintained by each party. Fence Viewers may also be asked to determine where a fence must be placed when a fence cannot be placed squarely on a property line.
Three Fence Viewers are appointed by the selectmen each year. They must be qualified voters of the town and must be sworn into office.
Fence Viewers examine fences and other boundaries within the town when requested to do so by the selectmen.
relied on fence viewers to play the role of mediator
s in disputes between landowners regarding the cost of fencing. When neighbors cannot agree on what type of fence to build, how to maintain the fence and/or how to pay for it, either neighbor can request a fence view. The local county clerk is then responsible for appointing a three-member fence view committee. Fence Viewers then determines what type of fence should be built, how construction and maintenance costs will be shared, and establish a portion of the fence for each neighbor to maintain. In 2007 the Nebraska Legislature
repealed the law, sending the responsibilities of Fence Viewers to local courts.
The office of Fence Viewer is one of the oldest appointments in New England
New England
New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...
. The office emigrated along with New England pioneers to the Midwest as well, where the office still exists.
History
New England farmers clearing their land during the 17th century were confronted with boulders and stones left by retreating glaciers. They cleared their fields of the boulders with horses and built stone walls along the edges of their fields, frequently at the property boundary. Many of these walls still exist.A Fence Viewer was needed on those occasions when walls were eroded, moved, or modified illegally. This was a serious offense.
Duties
Upon request of any citizen, the Fence Viewer: views fences to see that they are in good repair and in case of disputes between neighbors, works to resolve their differences. Problems such as size, condition, and distance from property lines are complaints that still arise between neighbors.Massachusetts
In MassachusettsMassachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, this position was first established in 1693 by a statute which was amended in 1785 and again in 1836.
Early Fence Viewers, armed with wall measurements, were able to arbitrate and/or prosecute such crimes by adjoining farmers. Trespassing by livestock was illegal. Boundaries and fences had to be maintained. If a farmer neglected his fence, his neighbor could do the repairs and charge his nonperforming neighbor twice the cost. If the negligent neighbor didn't come up with the money, he had to pay 12% interest until payment was made.
Today, the Fence Viewer advises lot owners prior to constructing a fence. The height of the fence can be no higher than six feet except near intersections. Lot owners at intersections cannot erect a fence nor shrubbery closer than five feet to allow good visibility. A fence or shrub near there must be no higher than three feet.
Spite fences erected to annoy neighbors are illegal. The Fence Viewer has the power to order such fences changed to be inoffensive. If hostilities escalate, the building inspector is asked to become involved. His word is final. The Commonwealth of Massachusetts General Laws chapter 49 describe in detail the obligations of lot owners.
Vermont
Fence Viewers played a more active part in VermontVermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
in the 18th and 19th centuries. Today they are rarely used. On occasion, the selectmen will call upon them to examine a fence line between adjoining properties to determine what portion of the fence must be made, repaired, or maintained by each party. Fence Viewers may also be asked to determine where a fence must be placed when a fence cannot be placed squarely on a property line.
Three Fence Viewers are appointed by the selectmen each year. They must be qualified voters of the town and must be sworn into office.
Fence Viewers examine fences and other boundaries within the town when requested to do so by the selectmen.
Nebraska
For more than 100 years farmers across the state of NebraskaNebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
relied on fence viewers to play the role of mediator
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
s in disputes between landowners regarding the cost of fencing. When neighbors cannot agree on what type of fence to build, how to maintain the fence and/or how to pay for it, either neighbor can request a fence view. The local county clerk is then responsible for appointing a three-member fence view committee. Fence Viewers then determines what type of fence should be built, how construction and maintenance costs will be shared, and establish a portion of the fence for each neighbor to maintain. In 2007 the Nebraska Legislature
Nebraska Legislature
The Nebraska Legislature is the supreme legislative body of the State of Nebraska, in the Great Plains region of the United States. The Legislature meets at the Nebraska State Capitol in the City of Lincoln, Lancaster County....
repealed the law, sending the responsibilities of Fence Viewers to local courts.
External links
- New England stone walls
- The Handbook on Fence Viewers and Laws on Fences in the Commonwealth of Massachusetts 2004 (22 pages)