Spite fences explained by a gardening lawyer
A former attorney explains the legal concept of a 'spite fence,' built to annoy a neighbor, and offers advice on how to avoid fence disputes.
A spite fence is a structure built by a homeowner not for benefit, but to annoy a neighbor. According to former attorney and gardener Teo Spengler, writing for Gardening Know How, such a fence can be deemed a private nuisance, leading to court-ordered removal or damages.
Spengler explains that modern urban fencing, often on small lots, directly impacts neighbors. A tall, solid fence can block views, reduce sunlight, and make adjacent properties feel smaller. Boundary disputes are common, with a FindLaw survey noting 17% of neighbor disputes involve property lines.
What Makes a Fence a 'Spite Fence'?
The defining element of a spite fence is the malicious intent behind its construction. The fence itself might be excessively tall or deliberately unsightly. Courts examine the fence's effect on the neighbor and whether it provides any benefit to the builder. Timing is also a factor; building a fence immediately after a dispute can suggest malicious purpose.
Common ways a spite fence causes issues include:
- Blocking light to a neighboring property. Some states, like California, define a spite fence as a structure over a specific height (such as 10 feet) without a proper purpose.
- Presenting an ugly side to the neighbor, ruining their backyard's peace.
- Obstructing a neighbor's view.
- Cutting off light and air circulation.
A neighbor who believes a fence was built to annoy them can take legal action. They can ask a court to declare it a nuisance, order its removal or alteration, and seek damages for loss of property enjoyment.
Navigating Fence Rules and Regulations
Fence disputes often arise because regulations exist at multiple levels. State laws, city codes, and homeowners' association (HOA) rules all may apply, and they vary widely. Spengler advises contacting the local building department or an attorney to understand the specific laws governing new fence installation, including required permits, height limits, and setback requirements.
Tips for Avoiding Fence Disputes
Spengler offers several steps to prevent conflicts when planning a fence.
First, consider your reasons carefully and think about alternatives. Next, research all applicable rules from your state, city, and HOA. Consult a contractor to discuss permissible heights and suitable materials for your needs.
Crucially, talk to your neighbors. Share your reasons for wanting the fence, your planned height and materials, and a sketch. Do not ask for permission, but seek their understanding. Listen to their concerns and see if you can accommodate any without defeating your purpose. Obtain any necessary permits and give neighbors advance notice before construction begins.
Spengler concludes that involving neighbors in discussions is the best way to reduce the risk of a spite fence lawsuit.
