What is a Spite Fence?

Robert Frost wrote “Good fences make good neighbors,” but the reverse is also true: Bad fences make angry neighbors, especially when that fence was erected to be an intentional eyesore or irritant known as a spite fence.

But what is a spite fence and what can you do about it if one is staring at you across your property line?

Defining a Spite Fence

Simply, a spite fence is a fence erected with the specific goal of annoying or “spiting” a neighbor. A spite fence is of little or no beneficial use to the owner. Its intended purpose, then, is to agitate or make a neighbor or neighbors uncomfortable.

Why would someone do that? There are countless reasons. Perhaps the neighbors had a strong disagreement and one of them erected an overly large or obnoxious fence or wall as an exaggerated gesture of their anger. A spite fence can also block a neighbor’s access to a road or public land.

Here’s an example of a spite fence law in Rhode Island:

“A fence or other structure in the nature of a fence which unnecessarily exceeds six feet (6′) in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance, and any owner or occupant who is injured, either in the comfort or enjoyment of his or her estate thereby, may have an action to recover damages for the injury.”

Note that a spite fence isn’t always a fence. It can by another structure “in the nature of a fence,” according to the Rhode Island law and those in many other states. So it can be a wall or even a large stand of trees or bushes.

Spite fences are illegal almost everywhere. However, it can be difficult to prove that a fence was built out of spite or with the intention of annoying neighbors. The owner’s INTENT must be clear. More on that below.

Examples of Spite Fences

Spite fences can take on many forms. 

• As noted above, they can be so tall that they block neighbors’ views.
• They can have overly aggressive and needless security features like barbed wire, spikes, or razor wire. 
• They can also be decorated or adorned in a way that is visually offensive.
• A spite fence can be a stand of tall trees or bushes that block a neighbor’s scenic view.

There are many examples in case law.

In one of the most famous and exaggerated spite fence cases in American history, railroad tycoon Charles Crocker built a three-story wall around the home of a neighbor who refused to sell his land to him in 1870s San Francisco. The wall effectively blocked all sunlight and made the owners feel like they were living in a cave. They finally gave in and sold the land to Crocker.,

A more recent case is more typical of the spite fence disputes you are likely to encounter. A woman in rural northern California built a second story addition to her home. Her neighbor didn’t like it and subsequently planted a row of pine trees along the property line that would one day block her view of scenic Mount Shasta. An Appeals Court in California ruled that the plantings constituted a spite fence and a nuisance intended to block the neighbor’s view.

Burden of Proof

According to legal scholars, the difficulty with suing over a spite fence is that you have to prove the fence or wall is meant to harass you and that it doesn’t serve a legitimate purpose otherwise. For example, a fence that annoys a neighbor might actually provide reasonable privacy to the owner. Proving someone’s intent is difficult unless their actions in erecting the fence leave no doubt.

Here are two examples:

Spite

In this theoretical but common scenario, a homeowner who erects a concrete block wall and paints the side facing his neighbor’s property with offensive symbols or in garish colors is pretty clearly trying to harass his neighbor.

No Spite

In an actual case, a homeowner sued his neighbor in Bruce Township, Michigan, in 2021 after the neighbor erected a fence that blocked his view of a nearby lake. The courts ruled that although the fence was likely intended to annoy the neighbor, at least in part, it also met local zoning requirements and served a legitimate privacy function, so it did not constitute a spite fence.

What to Do About a Spite Fence

If you believe the fence, wall, or mass of giant shrubs on your property line was erected out of spite, there are things you can do.

Try to Resolve It Early

Legal experts say the best course of action is to nip the problem early. As soon as you see your neighbor erecting a fence or wall, talk to them. Find out why they are putting it up and what the final product will look like. If you have concerns about how it will affect you, now is the time to express those. A reasonable neighbor will stop work and modify the project to accommodate you and keep the peace.

Ask Yourself, Is It Really Worth Fighting Over?

This advice falls under the heading of “pick your battles wisely.” Before going further, assess how the fence or wall affects you. Does it block a great view? Does it block sunlight? Is it truly obnoxious to look at? Would it deter a reasonable person from buying your house if you put it up for sale?

Check For Compliance with Local Regulations

If the fence or wall goes up anyway, do a little research to determine whether it meets local zoning codes and community standards. Generally, cities, counties, and townships regulate fence heights, materials, setbacks, and other things. If the fence doesn’t comply with those regulations, you can report your concerns to the proper authorities.

Many homeowners associations also have strict rules in place for the types of fences and other structures someone can build on their property. If you live in a deed-restricted community, check with the HOA.

File Suit

Lawsuits can be costly and time-consuming, but at times they are necessary to sort out disputes over property rights and personal rights. Hire an attorney who is versed in property rights law, take photos of the structure, and be prepared to illustrate the specific harm you’ve incurred from the construction of the fence.

Take Care to Not Create Your OWN Spite Fence

You don’t want to find yourself on the wrong end of a lawsuit either. So when you decide to build a fence:

• Check with your local authority (city, county, or township) to be sure your fence or wall complies with local regulations.
• Talk to the neighbors who would be affected. Make sure they understand what you’re doing and why. Listen to any objections and assess any impacts your wall or fence may have on them.

Frequently Asked Questions

Do It Right

Building a fence is not only complicated and time-consuming, it can lead to disputes with neighbors if it’s not done right. We recommend you use an experienced fencing professional if you’re considering putting up a fence.

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