Section 4. If a person refuses or neglects to repair or rebuild the part of a partition fence which under this chapter he is required to maintain, any person aggrieved may complain to the fence viewers, who, after notice to each party, shall view the fence; and if they determine that it is insufficient and that a partition fence is required, they shall so state in writing to the delinquent occupant, and direct him to repair or rebuild his part within such time as the fence viewers may determine; and if the fence is not so repaired or rebuilt, the complainant, after having repaired or rebuilt his part of said fence, may repair or rebuild the part of such occupant.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title VII - Cities, Towns and Districts
Chapter 49 - Fences, Fence Viewers, Pounds and Field Drivers
Section 1 - Fence Viewers; Appointment; Tenure
Section 2 - Definition of Fences
Section 3 - Maintenance of Partition Fences
Section 4 - Failure to Maintain Partition Fence; Proceedings by Adjoining Occupant
Section 5 - Remedy for Repair of Deficient Fence
Section 6 - Disputes Regarding Repairs; Arbitration
Section 7 - Remedy for Repair of Deficient Fence Assigned by Fence Viewers
Section 8 - Remedy for Repairing More Than Just Share of Partition Fence
Section 9 - Construction and Maintenance of Fences Between Lands Divided by a River
Section 10 - Fences on Lands Owned in Severalty and Occupied in Common; Construction
Section 11 - Maintenance of Fences Surrounding Land Laying Common
Section 12 - Purchase of Rights in Fence
Section 13 - Enclosing of Formerly Unenclosed Land; Liability of Owner; Exception
Section 14 - Boundary Disputes
Section 15 - Rebuilding of Fence on True Boundary; Duties of Adjoining Owners
Section 16 - Fence Viewers; Jurisdiction Where Fence Is on Town Boundary
Section 18 - Fence Viewers; Powers
Section 19 - Penalty for Misfeasance
Section 21 - Fences Deemed a Private Nuisance; Right of Action
Section 22 - Pounds; Establishment; Appointment of Keeper
Section 23 - Pounds; Penalty for Injuring
Section 24 - Duties of Field Driver; Taking Up Untended Animals
Section 25 - Duties of Keeper; Impounding of Untended Animals
Section 26 - Fees of Field Driver and Pound Keeper
Section 28 - Use of Premises of Field Driver for Keeping Impounded Animals; Conditions
Section 29 - Remedies for Damage Done by Untended Animals
Section 30 - Care of Distrained Animals
Section 31 - Duties of Distrainor
Section 32 - Release of Distrained Animals; Conditions
Section 33 - Notice of Impounding
Section 34 - Publication of Notice of Impounding
Section 35 - Determination of Amount of Damages in Dispute
Section 36 - Procedure for Settlement of Claim
Section 37 - Sale of Animals to Satisfy Claim
Section 38 - Disposition of Proceeds
Section 39 - Escaped or Rescued Animals; Right to Retake