When it comes to our most vexing and unpleasant neighbors, most of us resort to something much less subversive than a “spite fence.” But what is a spite fence and why is it illegal? This blog article will take a look at the legal implications of spite fences and how to handle them.
Definition: Why Spite Fences Are Rarely Allowed
A spite fence is a structure built solely to annoy a neighbor. Typically, they’re built excessively high, blocking a neighbor’s view, or on an adjacent property line. They don’t serve any purpose other than to annoy the neighbor. Because of this, most jurisdictions—including most cities and states—will not allow spite fences to be regarded as a legitimate structure.
The History of Spite Fences
Spite fences are not a modern phenomenon—they’ve been around for centuries. In one of the earliest recorded instances of spite fencing, a man built a nine-foot-high fence blocking his neighbor’s chimney. This practice even made its way to America, where irritated Rhode Islanders started building spite fences in the early 1900s.
Illegality and Punishment
For the most part, spite fences are not allowed in the United States. Any legal challenges to a particular fence have to be pursued in court. Depending on the laws and circumstances, building a spite fence can result in a fine or other legal punishments. It may also void the offending owner’s insurance policy, making them financially liable if someone is hurt on the property.
How to Handle Spite Fences
The best way to handle a spite fence is to take action legally. Contact an attorney and bring the fence to the attention of local authorities. If the fence is deemed illegal, ensure that the offending party is held accountable. It’s also important to contact an experienced fence company to repair or replace the damage done by the spite fence.
Conclusion: Spite Fences and the Law
Spite fences are a spiteful act with serious legal ramifications. If you have any questions about spite fences and need to know how to deal with them legally, contact a knowledgeable attorney right away.