Massachusetts General Laws
Chapter 49 - Fences, Fence Viewers, Pounds and Field Drivers
Section 9 - Construction and Maintenance of Fences Between Lands Divided by a River

Section 9. If lands of different persons, required under this chapter to be fenced, are divided by a river, brook, pond or creek, and one of the occupants refuses or neglects to join in making a partition fence, or they disagree respecting the same, the fence viewers shall, upon application, forthwith view such river, brook, pond or creek; and if they determine that it is not sufficient as a fence, that it is impracticable to fence on the true boundary line without unreasonable expense, and that a partition fence is required, they shall, after notice to the parties, determine how or on which side the fence shall be set up and maintained, or whether partly on the one side and partly on the other, as to them may appear just, and shall reduce their determination to writing; and if either party refuses or neglects to make and maintain his part of the fence according to such determination, it may be made and maintained as before provided, and the delinquent party shall be subject to the same costs and charges, and they shall be recovered in like manner.

Structure Massachusetts General Laws

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 17 - Water Fences

Section 18 - Fence Viewers; Powers

Section 19 - Penalty for Misfeasance

Section 20 - Fees

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 27 - Payment of Fees

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

Section 40 - Penalty for Rescuing Distrained Animals

Section 41 - Rights of Owner in Distress Proceedings