!A banner image showing a fence between a spiteful neighbor and an angry neighbor

Most neighbors are kind, regular people. But every now and then, you’ll encounter one who's antagonistic and drags you into disputes, some which can culminate in the neighbor building what's known as a “spite fence.”

Spite fences are fences constructed purely to annoy a neighbor. They’re usually tall, ugly, or both. Spite fences are typically made of metal or wood, but they can also be made up of trees or shrubs. If your neighbor constructs a spite fence, possibly shading your property, blocking your view, or otherwise making the neighborhood look terrible, what should you do? Your main possibilities include:

  • trying to negotiate with the neighbor, and
  • taking the neighbor to court.

We'll address these possibilities below.

In This Article

Is It Really a Spite Fence?

A fence that's merely ugly or new won't necessarily meet the legal definition of a "spite fence" in your area, and thus will be harder to do anything about. The classic spite fence is:

  • taller than would ordinarily be needed for security or privacy (or than is permitted by local law or building codes), usually at least six feet
  • made of unusual or unattractive materials, such as long, plain boards, metal sheeting, or wire with jarringly bright colored plastic pieces woven in
  • placed exactly where it will block someone's light or view
  • seemingly serving no practical purpose other than pissing off the neighbors.

And of course, if the fence is erected in the middle of an existing dispute, you'd have additional reason to call it out as a spite fence.

Consider Mediating Over the Underlying Neighbor Issue

Spite is an emotion, and your neighbor would feel compelled to construct an annoying fence only if they were feeling strong emotions towards you. In other words, the fence is the symptom, not the disease.

Disputes like this, which are more emotional than legal or financial, are often best resolved in mediation. Mediation is essentially a conversation between you and your neighbor, facilitated by a trained third-party neutral. While a judge in a courtroom can resolve your legal disputes, the judge typically does not have the power to address the underlying issues between you: communication breakdowns, distrust, or hostility.

A trained mediator can help you and your neighbor figure out exactly why there’s a wall between you (literally and figuratively) and brainstorm ways of taking it down.

If You're in a Community Governed by a Homeowners' Association, Get the Board Involved

In common interest developments (CIDs), fences are usually regulated, among with many other property features such as house color, curtains, flying of flags, and so on. The rules can be found in its governing documents. If for some reason the board of directors hasn't yet noticed and addressed this inappropriate fence, you'll want to make a complaint. See, for guidance, Can Homeowners Make the HOA Enforce a Rule?.

Consider an Action for Nuisance Under State or Local Law

Mediation might not be a realistic option, if the relationship between you and your neighbor is utterly broken. Or perhaps you've already tried it. In such a situation, if you want to force the neighbor to remove the fence, you might turn to the courts. In legal terms, you could potentially sue your neighbor for what’s known as “private nuisance.”

A lawsuit for nuisance is usually limited to circumstances where a neighbor is doing something like playing loud music, for example, disturbing your ability to quietly enjoy your property. The mere fact that you think your neighbor’s house is painted an ugly color, or the neighbor has built a fence that doesn’t match your own aesthetic taste, does not in most instances give you grounds for a lawsuit. However, some states and local legislatures have enacted laws specifically addressing situations where fences were installed for spiteful or malicious reasons.

California Civil Code Section 841.4 is an example of one such statute, stating that: “Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. Any owner or occupant of adjoining property injured either in his comfort or the enjoyment of his estate by such nuisance may enforce the remedies against its continuance prescribed [in this code]."

Rhode Island Code Section 34-10-20 similarly states that: “A fence or other structure in the nature of a fence which unnecessarily exceeds six feet 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.”

Using statutes such as these, you could sue your neighbor for nuisance.

Remember that you will have the burden of proof to show a court that your neighbor installed the fence for malicious purposes and that it has caused you harm. Evidence you might present could include, for instance:

  • pictures of the fence (to show that it is purposefully ugly)
  • diagrams of its location (to show that it is needlessly tall and blocks light)
  • the timing of its installation (right after an argument between you and your neighbor, which you would hopefully have separate documentation of, such as a text or email or even copies of these you sent to friends describing the situation)
  • actual relevant communications from your neighbor (the ideal would be an email saying "Hope ya like the new fence and living in darkness like you deserve, ha ha)
  • reports from doctors or mental health professionals you've consulted as a result of damage to your mental health, and
  • testimony from other neighbors about the surrounding circumstances and motivations (to show that your neighbor dislikes you).

What Might the Court Order?

After considering the various pieces of evidence, a court might order that your neighbor remove the fence. In addition, they might order your neighbor to compensate you for the nuisance (including your loss of use or enjoyment of part of your property, your emotional distress, or the damage done to your property in the spite fence's construction or removal).

The easiest venue for might be small claims court, where you won't need a lawyer's help, and procedures are kept simple. However, small claims courts can't issue orders regarding people's behavior; they can only issue money damage awards, and within a monetary limit set by your state (usually around $10,000).