Spite fence

Spite fence is a term used in U.S. property law to refer to an overly tall fence, structure in the nature of a 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. Several U.S. states and local governments have regulations to prohibit spite fences, or related regulations such as those establishing a maximum allowed height for fences. In the United Kingdom, the terms spite wall or blinder wall (as in, to blind the view of a neighbour) are more commonly used.

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]

An overly tall fence may not be considered a spite fence by a court if there is some other reason for the fence which requires the extra height. In one case, a man built a 13-foot (4.0 m) fence on his property, and his neighbor sued him. The man had put up a fence that tall because his neighbor kept throwing garbage over the old (shorter) fence. Since keeping garbage out of one's yard is a legitimate reason to have a fence, it was found not to be a spite fence.

Several states in the United States have laws that prohibit planting a row of trees parallel to a property line, which exceed six to ten feet (1.8 to 3.0 m) in height, which block a neighbor's view or sunlight. The courts have ruled that a row of trees can be considered a "fence".

Golf courses near residential communities will often have fences exceeding 20 ft (6.1 m) in height in order to prevent struck balls from flying out of the course and into the windshields of cars and windows of houses near the course. Such fences are not spite fences, and may actually be required. Outdoor arenas and amphitheatres also often use fences or other obstructions to prevent the viewing of their events by those who don't have tickets (which, although it may be unpopular with those whose free viewing is obstructed, is not necessarily spiteful).

In civil-law countries, erecting a spite wall (or a spite house) is unequivocally prohibited because of the doctrine of abuse of rights: a right ends where abuse begins. This is mostly attributable to the fact that modern building regulations often prevent any construction likely to impinge on neighbours' views or privacy.