Florida spite fence law Boundary Fence Rules. "There is evidence tending to show ill will or anger on the part of Grover Creech toward A spite wall in Lancashire, England, built in 1880 by the owner of the land on the left, in reaction to the unwanted construction of the house on the right [1]. A balancing test will be applied to weigh the negative effect on the aggrieved landowner's use and enjoyment of their property against the value of the structure to the fence owner. The plaintiffs appealed, but the court determined that the fence was a spite fence under either the "dominant purpose" test or the "sole purpose test," but the court announced that it was following the "dominant-purpose test for determining the existence of a spite fence which subjects the owner to a $100 fine. If you live in an area with farming and livestock activities, you may want to check out the Handbook of Florida Fence and Property Law for further information This information is included in the Handbook of Florida Fence and Property Law, Circular 1242. To be a spite fence, the nuisance must further have. A spite fence is a fence erected with the intention of annoying or harming neighbors. Olexa, Jeffery Van Treese II and Christopher A. The fence it 8 ft tall, it serves NO purpose (i. Discussed areas include a property owner’s responsibility to fence when livestock is kept on the property, the rights University of Florida, Institute of Food and Agricultural Sciences Extension outreach is a partnership between state, federal, and county governments to provide scientific knowledge and expertise to the public. 99-391. 60. The complaint alleges in substance that the plaintiff and defendant are adjoining landowners, that the defendant maliciously and with the intent to damage the property of the plaintiff caused to be erected what is referred to as a "spite fence. Published November 1999; revised December 2006, August 2010, November 2014, and July 2018. A structure in the nature of a fence unnecessarily exceeding six (6) feet in height, maliciously: (1) erected; or The provisions of law concerning actions for nuisance are applicable to an action under subsection (a). 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. Florida Fence and Property Law handbook. 25357, 1949; s. ” 588. The "ugly side" is facing our property; he does not maintain the grass & weeds on our side (which is still his property - approx. If you’re experiencing conflict with a neighbor regarding a property line, fence, or trees, you know first-hand how difficult these situations can be. Spite fences. Many states qualify them as a "private nuisance" if they're proven to be malicious and exceed certain parameters. Boundary Fences: North Carolina General Statutes Chapter 68; Spite Fences: Austin v. e. Tree Trimming: West Virginia Code Section 61-3-48. The trial court agreed that Don’s monstrosity was clearly a spite fence, but concluded that there was no remedy under Montana law for a spite fence, basing its decision on an 1899 Montana holding, Bordeaux v. This fence replaces the one the neighbor removed, encloses the backyard, and keeps the dog from being loose. Because the spite fence statute must be liberally construed, we conclude a row of trees can be a "fence or other structure in the nature of a fence" and thus can be a spite fence under section 841. For instance, a homeowner might construct an unnecessarily tall wooden fence right along the property line, which directly obstructs the neighbor's view of a scenic Sometimes the court may not see the fence as a nuisance or conclude that your neighbor isn’t breaking any laws. 10, Spite fence law is becoming increasingly important in addressing nuisance trees. If your neighbor constructs a spite fence, possibly making the neighborhood All fences or enclosures of land shall be substantially constructed, whether with rails, logs, post and railing, iron, steel, or other material, and not less than 5 feet high; to the extent of 2 feet To make a legal claim regarding a spite fence in Florida, you need to establish the following requirements: Lack of Legitimate Purpose : The fence must not serve a legitimate Another neighbor-related regulation in Florida is a law that prohibits spite fences. 030, and 16. These obstructions can also be made of bushes or trees, such as tall cypress trees. Discussed areas include a property owner’s responsibility to fence when livestock is kept on the property, the rights The California Legislature has carved out specific rules to deal with an issue that commonly causes disputes among neighbors: spite fences. Spite Fences: Local West Virginia ordinances. However, it is not always possible to avoid neighbor disputes, especially those that involve issues concerning property line and fence laws. We can find one definition in Florida State statute 588. For years we have tolerated it, however I have reached a breaking point. nuisances: chapter 21. Original publication date November What are the Requirements for Fence Construction in Florida? Florida actually has two separate statutory definitions for fences, in the basic sense. Follow; Phone. " In this case, having your view blocked by a neighbor certainly is not legal. Uhlfelder received his J. 40. There’s also a small village that a Florida minister established specifically to help sex offenders find housing Then they acted on that information to build a spite fence that blocked the driveway. 01, shall constitute and be a legal fence to prevent the intrusion of swine where the running at large of swine is not prohibited by law. " Various states have different rules about how a A fence built out of malice is commonly referred to as a spite fence and is usually governed by nuisance law principles. ” University of Florida, Institute of Food and Agricultural Sciences Extension outreach is a partnership between state, federal, and county governments to provide scientific knowledge and expertise to the public. Norwalk resident Claire Silva claimed her neighbor build a six foot high stockade fence to get back at her for opposing his plan to add a second story to his garage for rental income. So-called spite fences are built solely for the purpose of harassing or annoying your neighbor. Spite Fences: Revised Code of Washington Section 7. Legal Consult Recommended There might be a provision in a local zoning ordinance that would disallow a particular fence. Disagreements with neighbors can be draining. Some states have codified their spite fence laws; in 1913, California adopted a spite fence statute, declaring it a private nuisance to maliciously erect or maintain “[a]ny fence or other structure in the nature of a fence, unnecessarily exceeding [10] feet in Under Florida law, you have no obligation to make a monetary contribution to the building of a boundary fence unless you have signed an agreement to that effect. For example, if your fence blocks your neighbors’ view or access to a thoroughfare If the fence is a division fence, Kentucky law allows you to split the cost with your neighbor. Nuisance fences also fall under this category, especially if the fence interferes with or hinders the use of a roadway or public land. 11 Owner to maintain fences and notices. ugly and has no reasonable use to the owner—it might be a "spite fence," and you can sue the neighbor to get it torn down. Specifics. Phone. The fence, even lowered, is still unnecessary and is kept and maintained for circumstances, a spite fence. There is only one case that dealt with the issue regarding a "spite fence" and the court decided action could be taken under a private nuisance if the hedges affected the property and brought down its value. You will need a real estate litigator to handle this because it's not a do-it-yourself project. plant, cultivate or maintain any fence or wall or any hedge or similar growth unnecessarily exceeding six (6) feet in height, for the purpose of annoying the owners or occupants of adjoining Applicable Laws. An adjoining landowner may sue for damages caused by, or may enjoin the erection or maintenance of, a spite fence or like structure erected for the sole purpose of injuring him/her in the lawful and beneficial use of his/her property. People may be penalised or even forced to take it down if they A private nuisance is a nuisance that violates a private right not common to the public or causes damage to one or a limited number of individuals. 775. 588. . Since 1885, California real estate law has provided recourse for such so-called “spite fences,” and you can file a civil action to be rid of the offensive fence. If such a fence already existed when you and your neighbor bought adjacent properties, the law would consider you joint owners of the fence. The University of Florida (UF), together with Florida A&M University (FAMU), administers the Florida Cooperative Extension Service. A “spite fence” is the generic term for any structure that harms a homeowner when that harm is the purpose behind a neighbor’s conduct. The erection of the fence is a malicious act that only serves the purpose of making the other party upset and impacting his or her enjoyment of his or her own home in a negative way. California law strictly regulates the spite fence law and fences and prohibits their construction. ” This definition What Is The Fence Law In Florida Kansas Fence Laws & the Law of Trespassing Livestock Nebraska Fence Laws Illinois Fence Laws The Law of Railroad Fences and Private Crossings Connecticut Law on Spite Fences The Fence Question in the Southern States as Related to General Husbandry and Sheep Raising Circular The Cattle-guard Problem Circular Even without such a specific law, if a fence is so poorly constructed that it is an eyesore or a danger, it may be prohibited by another law, such as a blighted property ordinance. My neighbor erected a spite fence years ago. Call 850-909-2225 for your free consultation today. 1900 Avenue of the Stars Suite 1820 Los Angeles, CA 90067. Injured plaintiff’s comfort; or. Additionally, there was no spite or malice There are specific requirements that are present for building a fence in Florida. On my private property. The statute includes any “fence or structure;” does that include trees or vegetation? What are Fence Laws? Fence laws are those laws that govern the construction, size, placement, and appearance of fences. Handbook of Florida Fence and Property Law: Adjoining Landowners1 Michael T. Usually spite fences are erected where neighbors have A spite fence doesn’t necessarily have to be made of wood or metal, either. , private nuisance). Request a consultation by filling out the form below, or call us at 561. The opposite of a private nuisance is a public nuisance. 1. § 10-51. Built the fence; or; Was responsible for some other obstruction to deliberately and maliciously block your view; Such deliberately placed obstructions are often called "spite fences. The height of any fence or wall in side and rear yards within any residential district area shall not exceed eight (8) feet. Although there is not a state spite fence law, such cases can be addressed under nuisance law principles. He sued, asking the court to issue an injunction ordering Don to tear down that wall, alleging that it was a spite fence. Any fence or other structure in the nature of a fence, unnecessarily exceeding 6 feet in height, maliciously kept and maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance. Under the Massachusetts Spite Fence Law (Gen. Uhlfelder for personal and effective legal services. 4. Any Local laws in many Nevada counties require permits before building fences, and that fences conform to local building codes and ordinances. My neighbor built a fence out of spite to block my view; now what? Consider Speaking with a Florida Real Estate Attorney: David Chico Law Group. Bethel (pdf) is a useful reminder that the Land Court's jurisdiction over cases affecting title to registered land is exclusive. § 10-52. 05 exists, the Attorney General, state attorney, city attorney, county attorney, or any citizen of the county may sue in the name of the state on his or her relation to enjoin the nuisance, the person or persons maintaining it, and the owner or agent of the building or ground on which the nuisance exists. — The owner of legally enclosed land shall maintain in reasonable good condition the fence or enclosure around such land and shall maintain in legible condition any and all posted notices as required by ss. § 3, 13-14). Stat. Christ Apostle Church, Mt. In the classic Georgia case of Hornsby v. There are special laws applying to residential, commercial, and natural fences such as hedges. state of Florida have taken on significant importance. The first California case to hold that trees can be a spite fence is Wilson v. § 2801. 082, s. Follow this link for the entire opinion of the Court of Appeal. — All fences or enclosures of land shall be substantially constructed, whether with rails, logs, post and railing, iron, steel, or other material, and not less than 5 feet high; to the extent of 2 feet from the ground there shall not be a space between the material used in the construction of any fence greater than 4 inches; provided, that when any Handbook of Florida Fence and Property Law: Adjoining Landowners1 Michael T. . R. What To Expect If You File a Lawsuit Everyone has heard of the phrase that “good fences make good neighbors”. The Posts' first claim is under the Spite Fence Statute, 17 M. The law also provides a remedy for landowners when a neighbor refuses to maintain a boundary fence. Do note that the law applies to you too; if you put up a fence after an altercation, your neighbor may say it’s out of spite. 01 Requirements of general fence. Generally, a property owner is entitled to an order of injunction to have the fence removed or compensatory damages. Initially, these laws focused on agricultural needs, particularly preventing livestock from wandering onto neighboring properties. — ss. The plaintiff has appealed to this court from an order of the trial court sustaining a demurrer to his complaint. To prevail, a neighbor must typically prove the following elements: It is still illegal? It may be. What is a Spite Fence? Florida case law does make it illegal to build a “spite fence” which is a fence built for no other purpose than to interfere with a neighbor’s property rights. What can I do about this situation. 011, 588. However, a recent California has had a spite fence law since 1885, and until very recently, the courts did not consider whether trees could be a “fence”. Can you sue your neighbor for a spite fence? Examples of things a spite fence might directed towards include blocking a homeowner’s view or closing off access to a roadway. Description of Spite Fence; 32-26-10-2. In California, any spite-injected structure exceeding 10 feet is prohibited. you must ensure that it won’t be construed as a “spite fence,” which is any fence that is put up only to be a nuisance for the neighbor. In Texas, the maximum height for the fence is four feet in the front yard and eight feet anywhere else SPITE FENCES AS NUISANCE IC 32-26-10 Chapter 10. noise, vibration and air pollution Statutes and Case Law. Do I Need a Permit to Build a Fence in Virginia? 3. 1966. 841. 4 Unintentionally, however, his choice was also legally sensible. Although there is not a specific spite fence law in Delaware, courts recognize the common law principal that Indiana Spite Fence Law It is described in the law as a barrier "unnecessarily exceeding six feet in height, maliciously erected for the purpose of annoying the owners or occupants of adjoining property. This is commonly referred to as a spite fence. Log In Sign Up. ). Smith (1941), the plaintiff successfully sued her neighbor for constructing an eight-foot solid wood fence between their properties. Example of a Spite Fence: A spite fence could be an excessively tall fence, built with opaque materials that block sunlight, views, or air circulation to the neighbor's property. The court found that the fence was constructed as a spite fence, but concluded that there was no remedy under Montana law for a spite fence. 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 One of the old owners lived in Florida, and he came up to testify about having pig roasts near the disputed area, among other stories. — (1) Any fence or enclosure at least 3 feet in height made of barbed or other soft wire consisting of not less than three strands of wire stretched securely on posts, trees, or other supports, standing not more than 20 feet apart; or when using battens, up to 60 feet apart for nonelectric and 150 feet apart for electric, if constructed with high tensile Musca Law has attorneys with tremendous experience defending against all types of petitions for protection from abuse in all courts of Florida. This report summarizes CGS §§ 52-480 and 52-570 and related case law. In the words of the legislature: “Any fence, hedge or other structure in the nature of a fence unnecessarily exceeding 6 feet in height , maliciously erected or Title 17, §2801 Spite fences. Folks keep trying to say I built a spite fence with no purpose. But proving malicious intent can be very difficult. It does not address other claims that may be available to property owners aggrieved by a neighbor’s fence (e. Goodkin APC Location. A spite fence is a fence that has been constructed out of malice harbored by the builder towards a neighbor who is negatively affected by it. The Superior Court (York County, Fritzsche, J. 011 Legal fence; requirements. Hill2 1. The height of any fence or wall in front yards within any residential district area shall not exceed four (4) feet. We discuss them at length as the decisions in these cases show that a community association could be maintaining a spite fence. However, there are certain conditions of the fence that could end up swaying the case in your favor. After the The fence has no functional use; The fence is unlike other fences in the area; The fence owner has a malicious motive; The remedies available to property owners also depend on the law of the state where s/he resides. Florida law also makes it illegal for a person or their neighbor to build a spite fence or a fence that serves no legitimate purpose other than to interfere with a neighbor’s property rights. Although laws on Wi-Fi "borrowing" are still being developed, the downside of getting caught would likely outweigh the upside of saving money. 2d 263 (2002). Image by Michael Schwarzenberger from Pixabay Maryland’s spite fence disputes are usually governed by the state’s nuisance laws. 49, § 21. A property owner may be legally liable for nuisance for building a "spite fence" that serves no legitimate purpose other than to annoy a neighbor. Handley 119 Cal. Spite Fences. Discussed areas include a property owner’s responsibility to fence when livestock is kept on the property, the rights 588. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. We disagree. Laws ch. This fact sheet is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. In property law, a spite fence is an overly tall fence or a row of trees, bushes, or hedges, constructed or planted between adjacent lots by a property owner (with no legitimate purpose), who is annoyed with or wishes to annoy a A spite fence is one that is designed to be unsightly. For example, a spite fence might block the neighbor's view or What are the Requirements for Fence Construction in Florida? Florida actually has two separate statutory definitions for fences, in the basic sense. Florida case law also makes it illegal to build a "spite fence" – a fence built for no other purpose than to interfere with a neighbor's property rights. Mr. But here’s the catch: if your neighbor doesn’t agree to the fence, they aren’t required to contribute to its construction or maintenance. A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). In North Carolina, if a fence is deemed to be built out of malice, the courts might order it to be removed faster than you can say “lawsuit. There are some specifications that must be satisfied regardless of the type of fence that is built. Shuey, and Patrick H. Id. J. ” If a property owner's fence violates a subdivision rule, the homeowners' association may ask the owner to make it conform. A general fence is defined as a fence that is substantially constructed with rails, logs, railings, steel or any other material that Handbook of Florida Fence and Property Law: Boundaries and Possession1 Michael T. ” In other words, if you erect a fence or barrier on your property that affects your neighbors’ property value or quality of life, you may be liable to them in some cases. Unless adjoining landowners agree to place a fence along boundary, you can only erect fence within the bounds of your own property. This document is FE106, one of a series of the Food and Resource Economics Department, UF/IFAS Extension. These situations are typically handled on a case-by-case basis. The law says that landowners cannot build a fence in an effort to annoy, injure or spite a neighbor. 084. Durham. Ct. 2014 New Hampshire Revised Statutes Title XLVII - BOUNDARIES, FENCES AND COMMON FIELDS Chapter 476 - SPITE FENCES. 030. You can’t put a Unfortunately, there are no laws about spite hedges or spite fences in Florida. § 2801 (2010),1 and the common law, and granted injunctive relief to the Peterses. Historical Context and Evolution of Fence Laws in Florida. 2008); Tree Trimming: North Carolina General Statutes Section 14-128; Boundary Fence Rules. 18 in. For starters, you can’t just go ahead and build a 10-foot tall fence because you don’t like the way your neighbor looks at you during yard work. Rptr. While Tennessee law doesn’t specifically mention spite fences, courts have ruled that any fence built without a useful purpose and primarily to irritate a neighbor can be deemed Understanding Height & Design Restrictions. 3. 1, 2, 3, 8, ch. — All fences or enclosures of land shall be substantially constructed, whether with rails, logs, post and railing, iron, steel, or other material, and not less than 5 feet high; to the extent of 2 feet from the ground there shall not be a space between the material used in the construction of any fence greater than 4 inches; provided, that when any Legal Terms Dictionary spite fence - Meaning in Law and Legal Documents, Examples and FAQs. Maybe it should be made into law to limit whether they can live next to a family with young children. Just make sure you have a clear agreement, preferably in writing, so there are no surprises down Typically, the people are neighbors. 020, 16. Discussed areas include a property owner’s respon-sibility to fence when livestock is kept on the property, the rights of adjoining landowners to fence, the placement of A spite fence is any fence or barrier intended to annoy the neighbor, and serves no purpose to the builder. In most circumstances, a landowner who builds a boundary fence along a property line can seek What is a “spite fence”? California Civil Code § 841. Tree Trimming: Maier v. Damages; Previous Disclaimer: California spite fence law starts with Civil Code section 841. A bench trial was held, and the District Court denied Haugen's request for an injunction. 49, § 21) ((Interestingly, Massachusetts was one of the The Appeals Court's decision yesterday in Johnson v. The spite fence law does state that the fence must be over 10 feet high. When Florida law varies from general law, the question should be answered in accordance with Florida law. It’s like going Dutch on dinner – fair and square. After graduating from Stanford, he attended the University of Florida College of Law and the Georgetown University Law Center as a visiting law student. 5 As a legal matter, such a fence could have been deemed motivated by spite and thus a nuisance. 4 defines a spite fence as: 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 SHOKED (DO NOT DELETE) 2/17/2016 12:24 PM 110:357 (2016) Two Hundred Years of Spite 359 since he found it too subtle. Damages § 7 — Where plaintiff establishes that defendant erected a "spite fence," entitling plaintiff to have theit as a "spite fence. A spite fence is a tall barrier built by a property owner to annoy or block the view of their neighbor, rather than for any useful purpose. row of trees or hedges) that is erected between two lots with no legitimate purpose other than This information is included in the Handbook of Florida Fence and Property Law, Circular 1242. Northern Virginia Fence Laws; Rural Fence Laws in Virginia; Conclusion to Navigating Virginia’s Fence Laws; Frequently Asked Questions (FAQs) 1. 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 A “Spite Fence,” which may be prohibited by court order under California law, is defined as “[a]ny . Spite Fence Statute. Previous 32-26-10-1. Many states have laws that regulate "spite fences. Other former owners testified and a few were not exactly thrilled to be dragged into court. Basic Fence Laws Because Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. This is EDIS document FE107, a publication of the Food and Resource Economics Department, UF/IFAS Extension Gainesville, FL. Section 476:1 - Fence as Private Nuisance. Re-released as a minor revision for 2010 and of interest to farmers and farmland owners in particular, this handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. 5 publication(s) Handbook of Florida Agricultural Laws (Circular 1224) 8 publication(s Handbook of Florida Fence and Property Law: Adjoining Landowners 2 fencing and property laws in Florida. Guarding Boundaries: Navigating the Complexities of Fence Laws to Protect Property and Maintain Community Harmony. Another neighbor-related regulation in Florida is a law that prohibits spite fences. Haugen later filed an amended complaint, alleging that the fence was a spite fence. 2d 357, 359 (Fla. This is EDIS document FE106, a publication of the Food and Resource Economics Department, UF/IFAS Extension, Gainesville, FL. If the owner refuses, the association or a neighbor can sue to enforce the rules. Abide by Florida’s Fencing Van Harlingen, 220 So. Sometime a fence is built for no other purpose than to harass a neighbor. Los Angeles Real Estate Law Office. Bald II, 658 S. Customer: I am being accused of putting up a spite fence here in Florida. American Legal Publishing and the jurisdiction whose laws are being translated do not vouch for the accuracy of any translated versions of such laws. 01, specifically that for a general fence. It is a fence of no beneficial use or pleasure to the owner. Boundary Fences: Revised Code of Washington Sections 16. 10, but a substantial or reasonably effective compliance with the provisions of ss. 823. 3d DCA 1959) (stating that where a structure serves a A fence constructed above a prescribed height or having a certain appearance may be illegal under local fence height and appearance regulations or state laws that specifically bar spite fences. g. Can you tell me more about the fence and why it's being considered a spite fence? Customer: I put up a 6 foot board on board fence. Some of the most common neighbor disputes involve fences; fences that are located on the property line between adjoining properties are especially at issue Applicable Law Questions on the Florida Bar Examination should be answered in accordance with applicable law in force at the time of examination. Nuisance § 4 — Where plaintiff establishes a cause of action to abate a "spite fence," but fails to show any personal pecuniaryfence. This law, found at Massachusetts General Law Chapter 49 Section 21, provides that a fence or other structure like a fence that unnecessarily exceeds 6 feet in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of the 588. 2d 670, 671 (Fla. Eugene E. It discusses such areas as the property owner´s responsibility to fence when s/he has livestock; the rights of adjoining landowners to fence and where they may place their fences, encroachments, boundary lines, easements, contracts, nuisances; and the 2. Florida homeowners who are the victims of such conduct by their neighbor can have What Is a “Spite Fence” and Is It Legal in Florida? A spite fence is a fence built with the intent to annoy or harm a neighbor, rather than for a legitimate purpose like privacy or Spite fences are typically made of metal or wood, but they can also be made up of trees or shrubs. " Although there is no specific law against these structures, Georgia common law supports spite fence litigation. 6 (2010). The The Land Court ruled that the eight-foot fence was clearly within the scope of the Massachusetts spite fence statute, G. A fence built for the purpose of harassing a neighbor is commonly referred to as a spite fence. Handbook of Florida Fence and Property Law, Circular 1242. For these reasons, the use of these materials by any person constitutes an agreement to hold the authors, the Institute of Food and Agricultural Sciences, the Contact attorney Daniel W. 09, 588. In California they are governed by Civil Code Section 841. App. If your neighbor constructs a spite fence, making the neighborhood look terrible and calling attention to the property, can you file suit? What Is a Spite Fence, and Is It Legal in Tennessee? A “spite fence” is a fence that is erected with the intent to annoy or harm a neighboring property owner. Thus, the spite fence statute focuses on the motivation of the fence builder and can make unlawful fences that otherwise would be lawful but for the bad motive of the party who built the fence. GA Supreme Court case from 1987 regarding spite fences that deals with what sounds like a fairly similar set of facts. It has no purpose and is not useful, but it has been built specifically to harm your property value. Find a Lawyer; Ask a Lawyer ; Research the Law; Law Schools; Laws & Regs; Spite Fences as Nuisance. A fence can be considered a nuisance if it was All fences or enclosures of land shall be substantially constructed, whether with rails, logs, post and railing, iron, steel, or other material, and not less than 5 feet high; to the extent of 2 feet 588. 995. A general fence is defined as a fence that is substantially constructed with rails, logs, railings, steel or any other material that Delaware Spite Fence Law. Giske,154 Wn. A fence or other structure which unnecessarily exceeds six feet in height and is constructed with the primary purpose of annoying the occupants of adjoining Common sense or commonwealt : the fence law and institutional change in the postbellum south The Fence Question in the Southern States as Related to General Husbandry and Sheep Raising The Cattle-guard Problem Understanding Agricultural Liability The Fence Neighbor Law Connecticut Law on Spite Fences Fences and the Law Neighbor Law Illinois § 34-10-20. Based on the findings above, the court concludes that the fence erected by the Gales in June 2006 was a spite fence which constitutes a private nuisance under 17 M. RUDOLPH, P. It defines such a fence as: “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. What Is the Maximum Fence Height Allowed in Virginia? 2. (1) When any nuisance as defined in s. 1st DCA 1969) (finding that the fact that a property owner desires to enclose his property from public view does not render the fence unlawful as a nuisance); Fontainebleau Hotel Corp. A general fence is defined as a fence that is substantially constructed with rails, logs, railings, steel or any other material that Florida doesn't have a spite fence law but it does protect its riparian rights (it's actually littoral rights), which is your right to view navigable waterways. You have to know the state laws, as well as the local codes before you have the fence constructed. A few elements to spite fence analysis in Georgia: the fence must be erected with malicious intent, have no useful purpose, and be actively infringing on the neighbors property rights so as to constitute a nuisance. Injured plaintiff’s enjoyment of plaintiff’s property. Whether the row of trees at issue in this case is a spite fence is a matter for the trial court to determine in the first instance. When the reason for the construction was malicious, it violates state law in Washington. When installing a fence, people in Florida are subject to several laws and rules. Intent and purpose. For example, a model zoning ordinance for Florida 13 contains a fence section Section 49:15 - Rebuilding of fence on true boundary; duties of adjoining owners; Section 49:16 - Fence viewers; jurisdiction where fence is on town boundary; Section 49:17 - Water fences; Section 49:18 - Fence viewers; powers; Section 49:19 - Penalty for misfeasance; Section 49:20 - Fees; Section 49:21 - Spite fences; definition; remedy of Specific County & City Fence Laws in Virginia. Now, before you get too carried away with designing your dream fence, you need to know that Alabama has some rules about what you can and can’t do. Whether a fence is an illegal spite fence depends on the circumstances. In that case, your neighbor may have installed an illegal spite fence. Justia Free Databases of US Laws, Codes & Statutes. The spite fence issue. D. Lawyer's Assistant: I'm sorry to hear you're dealing with this situation. Just seems like it would be hard to Maryland’s boundary fence laws are fairly straightforward: If the fence sits on the property line and benefits both parties, the cost and responsibility of building or repairing it are shared. , 114 So. 2d 1 (N. ) found that O Leary had created a nuisance pursuant to Maine s spite fence statute, 17 M. 083, or s. Schedule your free case review today, so you can find out how we can help you, We look forward to hearing from you and helping you with your legal needs. Shuey, certified real estate attorney; and Patrick H. E. South Dakota Codified Laws set forth the rules regarding building partition fences, and responsibility for their maintenance. keeping animals). The commonwealth of Massachusetts’ most significant law regarding fences is the “spite fence” law. Zoning codes, local ordinances and homeowner’s association regulations could also govern spite fences. 14, ch. 050. Back in 1887, Massachusetts was one of the earliest states to put a spite fence law on the books. The statute approach was taken by some states because spite fence cases are in an area of law that courts have been slow to enter, and because when an action becomes a nuisance action largely because of the public's emotion, there are many conflicting principles. Fortunately, the law is there to serve as a guide for resolving disputes and to protect you if things get out of hand. Interestingly, the Land Court also ruled that the fifteen-foot tree was a “structure in the nature of a fence” also within the scope of the statute. v. Typically, the spite fence law deals with exactly that, fences. By calling 888-484-5057 today, you can avail yourself expert legal representation who will devise a strategy to defend your case successfully while preserving your rights guaranteed to you by the United Wisconsin law prohibits the construction of spite fences. Boundary Fences. 1 The statute provides: Any fence or other structure in the nature of a fence, unnecessarily exceeding 6 feet in height I guess it depends on how "spite fence" is being defined. C. In the United States, the term “spite fence” refers to an overly tall fence or some other barrier (e. " An injured landowner may bring a civil action for damages and removal of the nuisance. Partition fences must be "lawful" as defined by West Virginia Code, unless the adjoining landowners agree in writing to build a This information is included in the Handbook of Florida Fence and Property Law, Circular 1242. 310-853-5730. Property Line and Fence Laws in New Mexico. It states, “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. In Section 49:21 - Spite fences; definition; remedy of injured occupant. S. Spite fence refers to a fence constructed to annoy a neighbor. structure” over 10 feet that was “maliciously erected or maintained for the purpose of annoying [a neighbor]. As such, the law allows those injured by a private nuisance to file a lawsuit against those responsible for the nuisance (50 Okla. The fence is too tall. citrus county code enforcement ordinance: chapter 20. Review Us. What are the Requirements for Fence Construction in Florida? Florida actually has two separate statutory definitions for fences, in the basic sense. The state in which residential neighbors live might have a law governing so-called “spite fences”. Although landowners have a right to build a fence around their property, that right is not without limitations. Boundary Fences: West Virginia Code Sections 19-17-1, 19-17-4, 19-17-5, 19-17-7, 19-17-8, and 19-17-9. Section 34-10-20 - Spite fences. L. However, even if it does not violate regulation or laws, the fence may still be illegal if it was built with malicious intent. Questions on Part A are designed to test your knowledge of both general law and Florida law. Forty–Five Twenty–Five, Inc. Johnson involved a dispute between the plaintiff homeowner and a neighboring church over Johnson's longstanding use of a driveway on the church's property Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. FENCE CODE. Todd2 1. from the University of Florida College of Law in 1996. In Florida, a fence can be considered a nuisance if its construction was motivated by malice, rather than a legitimate Where you stand with the law in Florida before removing or erecting a fence on your property line. This handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. The most famous spite fence on California real estate was Charles Crocker’s 40 footer on Nob Hill in 1879. You can learn more about your rights and responsibilities in dealing with your neighbors—and how to resolve conflicts—with Nolo's Neighbor Law by Emily Doskow and Lina Guillen. My Disagreements among neighbors are all too common. 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. Specifically, the California Civil Code protects against “Any fence or other structure in the nature of a While Florida doesn’t have a specific “spite fence” law, there are general nuisance laws that can apply to fences built with the primary purpose of annoying a neighbor. The court allowed the fence to remain because other similar fences had been built in the neighborhood without complaint, and the fence did not completely cut off the plaintiff’s beach view. A. Article III. South Dakota courts have also created case law regarding "spite fences. Connecticut Statutes and Case Law Under Connecticut law, one may file a “malicious erection of structure” suit against an adjacent Enter the “spite fence” law—a nifty little rule that says you can’t just erect a fence to annoy your neighbor. 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 to have built his fence to prevent trespass by children and burglary as well as for privacy purposes. Sometimes, it is that very fence that becomes the catalyst for neighbors to have a disagreement. A private nuisance involves the use of one’s property in a manner that causes significant harm to another individual’s use or enjoyment of their private land. Uhlfelder graduated from Stanford University in three years with a B. Who Is Responsible for Maintaining a Shared Although landowners typically don't have a legal right to a view or sunlight, you may be protected by Massachusetts' spite fence law if the fence was built primarily out of ill will. (2) If the offender breaks or injures a fence as provided in subsection (1) and the fence or any part thereof is used to contain animals at the time of the offense, the offender commits a felony of the third degree, punishable as provided in s. A spite fence is one built out of malice, usually between neighbors. c. It distinguishes this type of fence as a Section 21: Fences deemed a private nuisance; right of action Section 21. Definitions. Todd, law student, Levin College of Law, University of Florida, contributed to previous versions of this publication. Discussed areas include a property owner’s responsibility to fence when livestock is kept on the property, the rights Law enforcement may get involved when the barrier reeks of maliciousness — but spite fence laws are as varied as the states they govern. chapter 19. “ California's spite fence law provides that any fence or other structure in the nature of a fence that unnecessarily exceeds ten feet in height and is maliciously erected or maintained for the purpose of annoying the owner of an adjoining property constitutes a private nuisance. History. Olexa, Eugene E. The development of Florida’s fence laws reflects the state’s shift from an agricultural economy to a diverse, urbanized population. " A “spite fence,” under Connecticut law, is a “malicious erection of a structure. Spite Fences in Pennsylvania. Fence Laws in Florida: Fences offer privacy, delineate boundaries, and raise the value of a property. Discussed areas include a property owner’s responsibility to fence when livestock is kept on the property, the rights Conclusions of Law 1. Indiana Code § 32-26-10-1 Spite Fence; Spite Fence Law: To have a structure declared a Spite Fence, you must show: A structure that operates as a fence; That unnecessarily or maliciously exceeds six feet in height; What was constructed or maintained; For the primary purpose of the structure it to annoy the owners or occupants of adjoining property Statutes. In real estate/property laws it means something built serves no other purpose than to annoy a neighbor. Of interest to farmers and farmland owners in particular, this handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. ” She’s blowing smoke 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. Sometimes, a neighbor may build an ugly fence out of spite for a neighbor. Summary. Spite Fences as Nuisance IC 32-26-10-1 Description of spite fence Sec. Such a fence can detract from the neighbor’s quality of life and even the value of their property. in History in 1993. Had he opted for a fence facing Tuohy’s windows, the common law could have held him liable. This is commonly referred to as a "spite fence. This information is included in the Handbook of Florida Fence and Property Law, Circular 1242. qpoqtctfbnehsisbpxhhxoqfgujhtpzhnfhzcgxtalqzzlslz