What is considered a spite fence

Noun definition of spite fence :Spite fence statutes were based on principles that developed slowly in the courts of a few states — principles under which it was held that a fence cannot be built for the sole reason of annoying or injuring a neighbor.The court, however, drew an important distinction between the maintenance of such existing hedges or trees versus the planting or creation of such a flora wall.Spite fence is a term used in property law in some countries to refer to 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 neighbor, or who wishes to completely obstruct the view between lots.Spite fence noun a wall or fence erected solely to annoy one's neighbor or lower the value of his or her property.

Trees are inherently problematic because without trimming, they can obviously grow beyond 10 feet tall.One common way that this is done is by building a spite fence.Side yards may have separate requirements, but maximum height is often.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.Burke v smith, 69 mich 380, 382;

Under the statute, a spite fence is any fence or other structure in the nature of a fence, unnecessarily exceeding 5 feet in height, [and] erected or maintained for the purpose of annoying the owners or occupants of adjoining property.A spite fence is an overly tall fencing structure constructed by one landowner with the intention of annoying or harming the adjacent neighbor.The most famous spite fence on california real estate was charles crocker's 40 footer on nob hill in 1879.To have a structure declared a spite fence, you must show:A spite fence can even be built to irritate a neighbor or because of a neighbor dispute.

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).Other areas will allow you to go right up to the property line.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).