Legal Definitions - Spite fence

A spite fence is a structure, typically a fence, built on one's property with the primary or exclusive intention of causing annoyance, harm, or inconvenience to an adjoining property owner, usually a neighbor. Unlike fences built for legitimate purposes like privacy, security, or property demarcation, a spite fence serves no practical benefit to the builder and is erected purely out of malice. Depending on local and state laws, such fences can be legally challenged and may be ordered to be removed or modified if deemed a private nuisance.

Here are some examples:

• Example 1: A homeowner constructs a 10-foot tall, solid wooden fence along the property line, directly adjacent to their neighbor's small, sunny patio. The homeowner already has a perfectly adequate fence on another side of their property, and this new fence provides no additional privacy or security for them. The fence's height and placement are excessive for any practical purpose on the builder's side.

  Explanation: This would be considered a spite fence if the builder's sole motivation was to cast a permanent shadow over the neighbor's patio, making it unusable, rather than for any genuine purpose like enhancing their own property's privacy or security. The excessive height and specific placement, coupled with the lack of functional benefit to the builder, strongly suggest malicious intent to annoy the neighbor.

• Example 2: A property owner constructs a fence made of salvaged, rusty corrugated metal sheets, deliberately facing the most unsightly and jagged side towards their neighbor's meticulously maintained garden and outdoor entertaining area. The fence is structurally unsound and offers no real boundary definition or security for the builder's property.

  Explanation: This illustrates a spite fence because the choice of materials and the deliberate orientation of the unsightly side, without any practical benefit to the builder's property, strongly suggest an intent to annoy or diminish the neighbor's enjoyment of their own property. The lack of structural integrity further indicates it wasn't built for a legitimate purpose.

• Example 3: After a disagreement, a new homeowner erects a tall, solid fence that runs directly along the property line, intentionally blocking the neighbor's existing side gate, which was previously used for convenient access to their backyard. The fence offers no additional privacy or security to the new homeowner's property, which already has a secure perimeter.

  Explanation: This scenario demonstrates a spite fence because the fence's placement appears to be solely aimed at inconveniencing the neighbor by obstructing their established access point, rather than serving any legitimate purpose for the homeowner who built it. The intent to annoy or injure the neighbor's property use is evident.