We are having a difficult land situation with our neighbor. Not long ago we sent a cease and desist letter regarding him trespassing on our land on an extinguished easement he no longer should be using. As retaliation he has put up roughly 500' of high powered electric fence around us and we can no longer bring our one year old daughter or two small pets outside as this fence will likely kill them if touched. Is there any law in Massachusetts that prevents electric fence being used when it endangers neighbors lives?
None that I am aware of off the top of my head. Consult with your building inspector/zoning enforcement officer in Georgetown.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
You could certainly argue this is what's referred to as a spite fence and proceed under a private nuisance theory.
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