BOUNDARIES OF HIGHWAYS AND OTHER PUBLIC PLACES, AND ENCROACHMENTS THEREON

M.G.L. pt. Part I, tit. Title XIV, ch. c. 86

in effect

M.G.L. c. 86, § 1 Erection of monuments

c. 86, § 1. Erection of monuments Section 1. The aldermen, selectmen or road commissioners shall cause permanent bounds to be erected at the termini and angles of all ways laid out by them. Such bounds shall be of stone, Portland cement or concrete not less than three feet long, two feet of which at least shall be set in the ground, or of stone not less than three feet long with holes drilled therein and filled with lead placed a few inches below the traveled part of the way, or if stone, Portland cement or concrete bounds are impracticable, a heap of stones, a living tree, a permanent rock, or the corner of a building, or such other permanent bounds as said officers may determine.

M.G.L. c. 86, § 2 Buildings or fences as boundaries

c. 86, § 2. Buildings or fences as boundaries Section 2. If buildings or fences have been erected and continued for more than twenty years, fronting upon or against a highway, town way, private way, training field, burying place, landing place, street, lane or alley, or other land appropriated for the general use or convenience of the inhabitants of the commonwealth, or of a county, city, town or parish, and from the length of time or otherwise the boundaries thereof are not known and cannot be made certain by the records or by monuments, such buildings or fences shall be taken to be the true boundaries thereof.

M.G.L. c. 86, § 3 Encroachment on public ways

c. 86, § 3. Encroachment on public ways Section 3. If the boundaries of a public way are known or can be made certain by records or monuments, no length of possession, or occupancy of land within the limits thereof, by the owner or occupant of adjoining land shall give him any title thereto, unless it has been acquired prior to May twenty-sixth, nineteen hundred and seventeen, and any fences, buildings or other obstructions encroaching upon such way shall, upon written notice from the county commissioners or board or officer having authority over ways in towns, be forthwith removed by the owner or occupant of adjoining land, and if not so removed said commissioners, board or officer may cause the same to be removed upon said adjoining land.

M.G.L. c. 86, § 4 Removal of encroachments

c. 86, § 4. Removal of encroachments Section 4. If such building, fence or other encumbrance is adjudged a nuisance and ordered to be abated, the materials may be sold at auction and the proceeds applied to the payment of the expenses of the prosecution and removal, and, if insufficient, the court may order the remainder to be raised and levied upon the property of the defendant.

M.G.L. c. 86, § 5 Removal of gates, rails, bars or fences upon or across ways

c. 86, § 5. Removal of gates, rails, bars or fences upon or across ways Section 5. Any person may remove gates, rails, bars or fences which are upon or across a public or private way legally laid out, unless they have been placed there to prevent the spread of disease dangerous to the public health, or unless they have been erected or continued by the license of the county commissioners or of the selectmen or road commissioners or of the person for whose use such private way was laid out. A person aggrieved by such removal may apply to the county commissioners, selectmen or road commissioners, respectively, and if upon examination it appears that such gates, rails, bars or fences were erected or continued by such license, they shall order them replaced.

M.G.L. c. 86, § 6 Barbed wire fences

c. 86, § 6. Barbed wire fences Section 6. Whoever builds or maintains a barbed wire fence within six feet of the ground along a sidewalk located on a public way shall be punished by a fine of not less than twenty nor more than fifty dollars.

M.G.L. c. 86, § 7 Removal of unused poles, structures, etc. from public ways

c. 86, § 7. Removal of unused poles, structures, etc. from public ways Section 7. The aldermen or selectmen may cause the removal from public ways and places of unused poles, wires, structures or other appliances, at the expense of the owners thereof.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter86Fetched: 10/20/2026