Fence Viewer

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.[1]

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.[2]

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.[3]

A Fence Viewer was needed on those occasions when walls were eroded, moved, or modified illegally. This was a serious offense.[3]

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.[4]

Massachusetts

In Massachusetts, this position was first established in 1693 by a statute which was amended in 1785 and again in 1836.[5]

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.[3]

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.[3] 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.[3]

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.[3]

Vermont

Fence Viewers played a more active part in Vermont 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.[6] 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.[7]

Three Fence Viewers are appointed by the selectmen each year. They must be qualified voters of the town and must be sworn into office.[8]

Fence Viewers examine fences and other boundaries within the town when requested to do so by the selectmen.[9]

Nebraska

For more than 100 years farmers across the state of Nebraska relied on fence viewers to play the role of mediators 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.[10] In 2007 the Nebraska Legislature repealed the law, sending the responsibilities of Fence Viewers to local courts.[11]

Footnotes

  1. ↑ Webster's Third New International Dictionary
  2. ↑ Nebraska proposed statute
  3. ↑ 3.0 3.1 3.2 3.3 3.4 3.5 Melrose, Massachusetts retrieved June 16, 2008
  4. ↑ Town of Chilmark, Massachusetts
  5. ↑ Statutes of the Commonwealth of Massachusetts
  6. ↑ 24 VSA 3810 retrieved June 18, 2008
  7. ↑ Vermont Secretary of State information
  8. ↑ 24 V.S.A. 831,871
  9. ↑ Title 24 VSA Chapter 109 Fence Viewing retrieved June 18, 2008
  10. ↑ Aiken, D. (2006) "Bill Proposes Changes to Fence Viewer Statutes", Cornhusker Economics. University of Nebraska at Lincoln. Retrieved 6/17/08.
  11. ↑ (2007) "LB108 Repeals Fence Viewer Process", Cornhusker Economics. University of Nebraska at Lincoln. Retrieved 6/17/08.

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