Fence viewers settle boundary disputes and oversee the construction of dividing markers, with some holding paid positions. They inspect fences to ensure compliance with city ordinances and determine shared costs. No special education is required, and appeals can be made to district courts.
A fence viewer resolves disputes over boundary lines on shared properties and oversees the construction of walls, fences, hedges, and other dividing markers. In colonial America, they were appointed to deal with problems involving roaming livestock. They can still do so today, but most are involved in urban settlements. In some areas, the fence viewer holds a paid position, but others may have an informal engagement or volunteer. They are more like arbitrators and inspectors than law enforcement.
Fences must comply with city ordinance in terms of height, location, materials, and which owners are responsible for construction or demolition if the fence is illegal. Laws may have changed over time from the originals defining the responsibilities of a fence viewer. For example, in Massachusetts, much of the land cleared in the 17th century for agricultural purposes is now forested. With the change in use, landowners no longer need to consider livestock issues or crop damage.
In most jurisdictions, the owner must fill out a form with the city office requesting a viewing. The fence viewer is then contacted and a visit scheduled, usually within 30 days. They look at the fence on the spot, taking into account the terrain, what the fence is specifically used for, and the legislation involved. They usually talk to landowners about any concerns about height, fence encroachment, or who is responsible for paying if the fence is repaired or dismantled.
Determining shared cost depends on whether the owners share mutual benefits from building the fence. Many areas decide this following the right-hand rule. A fence viewer marks the middle and each neighbor is responsible for the part of the fence to their right, approximately half. The viewer can determine whether a previous contract is fair and file the contract with the city or county so that it applies to subsequent purchasers of the property.
In many areas, eviction fences, or those built beyond a certain height to annoy or block neighbors, are against local bylaws. A fence viewer may be called in to determine if the structure complies with area rules and regulations. If the builder did indeed build a protective barrier, the aggrieved party can sue public nuisance laws to reduce or dismantle it. Monetary damages may be awarded in addition to modification requirements.
There are no special educational requirements for fence viewers, just an agreement to perform the tasks dictated by statute. Some districts can have up to three viewers. This can help in difficult cases where opinions clash and the third person can be an impartial tiebreaker. When a landowner disagrees with the determination, that person can usually appeal to the district court. Landowners involved in the case may be required to pay a small fee, a portion of which may be directed to the fence viewer for services rendered.
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