Spite fence

Last updated January 04, 2024

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 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 neighbor) are more commonly used.

Law

Courts have said, "[u]nder American rule... one may not erect a structure for the sole purpose of annoying his neighbor. Many courts hold that a spite fence which serves no useful purpose may give rise to an action for both injunctive relief and damages."^[2] Sundowner, Inc. v. King is a classic spite fence case. In this case from Idaho, the defendant King, bought a motel from the plaintiff (Bushnell). Bushnell then built another motel (Desert Inn) on the property right next to the motel they had sold to the Kings. In response to this, the Kings built an 18-foot fence raised 2 feet off the ground that was 2 feet from Desert Inn. The structure severely restricted air and light into Desert Inn's rooms. Bushnell sued and the court found that the fence served no useful purpose to the Kings and that it was built primarily because the Kings vehemently disliked the Bushnell's actions. The court ordered the structure's height be reduced dramatically.^[3]

If the structure is found to serve a useful purpose then it may not be considered a spite fence. 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.^{[ citation needed ]}

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 do not 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.^{[ citation needed ]} In some countries, such as Finland, construction of any such structures is explicitly prohibited in the law (Neighbour Relations Act 13§).^[4]

Examples

California

Charles Crocker, a railroad investor and owner of a house on Nob Hill in San Francisco, built a high fence around his neighbor's house, Nicholas Yung, spoiling his view, after the neighbor held out for many times the market value of the property. (Crocker had wanted to buy the whole block.) The neighbor was a German undertaker called Nicolas Yung; Crocker was unsuccessful in purchasing the house until Yung had died. The height of the fence meant supporting buttresses had to be used.^[5] The work features in the April 1878 panoramic photo of San Francisco by Eadweard Muybridge.^[6]

In the California case of Wilson v. Handley , 97 Cal. App. 4th 1301 (2002), Wilson built a second story onto her log cabin. Her neighbor, Handley, did not like this addition, and retaliated by planting a row of evergreen trees, parallel to the property line, that would grow some day to purposely block Wilson's view of Mount Shasta. Wilson sued Handley for blocking her view. The California Court of Appeals ruled that trees planted parallel to a property line, to purposely block a neighbors' view, constitutes a spite fence and a private nuisance, and is illegal under California Civil Code (Section 841.4). The court further noted that bushes or hedges exceeding six feet (1.8 m) in height in California (six to ten feet (1.8 to 3.0 m) in other states) that block a neighbor's view are also a "spite fence" and a private nuisance.

Ireland

Examples in Ireland include Marino Crescent in Dublin and "The Jealous Wall" at Belvedere House and Gardens in County Westmeath.

Pennsylvania

In the 1930s, an outfield fence on Shibe Park baseball stadium in Philadelphia was raised to 34 feet in order to block a view of the field from the rooftops of a neighboring street, which had become a popular site for spectators.^[7] The structure became known as "Connie Mack’s Spite Fence" after the home team's manager,^[8] and reduced the goodwill the team had had with its neighbors.^[8]

Utah

In 2008 a farmer in Hooper, Utah, placed three old cars upright in the ground, after a dispute with his neighbors, who objected to the flies, mosquitoes and dust from his farm yet also rejected his proposal to build a fence between their property and his farm. The farmer described the construction as 'Redneck Stonehenge'.^[9]

United Kingdom

The Manor House, Leg Square, Shepton Mallet, Somerset^[10]
22 Gloucester Road, Thornbury, Bristol^[11]
Stankelt Road, Silverdale, Lancashire^[1]

Related Research Articles

Charles Crocker was an American railroad executive who was one of the founders of the Central Pacific Railroad, which constructed the westernmost portion of the first transcontinental railroad, and took control with partners of the Southern Pacific Railroad.

<span class="mw-page-title-main">Texas State Capitol</span> State capitol of the U.S. state of Texas

The Texas State Capitol is the capitol and seat of government of the American state of Texas. Located in downtown Austin, Texas, the structure houses the offices and chambers of the Texas Legislature and of the Governor of Texas. Designed in 1881 by architect Elijah E. Myers, it was constructed from 1882 to 1888 under the direction of civil engineer Reuben Lindsay Walker. A $75 million underground extension was completed in 1993. The building was added to the National Register of Historic Places in 1970 and recognized as a National Historic Landmark in 1986.

Wrigley Rooftops is a name for the sixteen rooftops of residential buildings which have bleachers or seating on them to view baseball games or other major events at Wrigley Field. Since 1914 Wrigley roofs have dotted the neighborhood of Wrigleyville around Wrigley Field, where the Chicago Cubs play Major League Baseball. Venues on Waveland Avenue overlook left field, while those along Sheffield Avenue have a view over right field.

The IDS Center is an office skyscraper located at 80 South 8th Street in Minneapolis, Minnesota. Completed in 1973, it is the tallest building in Minneapolis, and the tallest building in the state at a height of 792 feet (241 m). It originally stood 775 feet 6 inches (236.37 m), though a 16-foot (4.9 m) garage for window washing equipment was added between 1978 and 1979. The structure rises to 910 feet (10,900 in) when including communications spires on the roof, indisputably the highest points in the city. The IDS was constructed as the headquarters of Investors Diversified Services, Inc.—now Ameriprise Financial. It also housed the headquarters of Dayton Hudson Corporation from 1972 until 2001.

<span class="mw-page-title-main">Shibe Park</span> Philadelphia major league stadium from 1909 to 1970; known as Connie Mack Stadium from 1953 to 1970

Shibe Park, known later as Connie Mack Stadium, was a ballpark located in Philadelphia. It was the home of the Philadelphia Athletics of the American League (AL) and the Philadelphia Phillies of the National League (NL). When it opened April 12, 1909, it became baseball's first steel-and-concrete stadium. In different eras it was home to "The $100,000 Infield", "The Whiz Kids", and "The 1964 Phold". The venue's two home teams won both the first and last games at the stadium: the Athletics beat the Boston Red Sox 8–1 on opening day 1909, while the Phillies beat the Montreal Expos 2–1 on October 1, 1970, in the park's final contest.

A ballpark, or baseball park, is a type of sports venue where baseball is played. The playing field is divided into two field sections called the infield and the outfield. The infield is an area whose dimensions are rigidly defined, and the outfield is where dimensions can vary widely from place to place. A larger ballpark may also be called a baseball stadium because it shares characteristics of other outdoor stadiums.

Capon Chapel, also historically known as Capon Baptist Chapel and Capon Chapel Church, is a mid-19th century United Methodist church located near to the town of Capon Bridge, West Virginia, in the United States. Capon Chapel is one of the oldest existing log churches in Hampshire County, along with Mount Bethel Church and Old Pine Church.

Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain an adequate level of illumination. The right was traditionally known as the doctrine of "ancient lights". It is also possible for a right to light to exist if granted expressly by deed, or granted implicitly, for example under the rule in Wheeldon v. Burrows (1879).

A spite house is a building constructed or substantially modified to irritate neighbors or any party with land stakes. Because long-term occupation is not the primary purpose of these houses, they frequently sport strange and impractical structures.

<span class="mw-page-title-main">Temple Lot</span> First Latter Day Saints temple location

The Temple Lot, located in Independence, Missouri, is the first site to be dedicated for the construction of a temple in the Latter Day Saint movement. The area was dedicated on August 3, 1831, by the movement's founder, Joseph Smith. It was purchased on December 19, 1831, by Edward Partridge to be the center of the New Jerusalem or "City of Zion" after Smith said he received a revelation stating that it would be the gathering spot of the Latter Day Saints during the last days.

The Skinny House is an extremely narrow four-story house at 44 Hull Street in the North End of Boston, Massachusetts, United States. It is reported by the Boston Globe as having the "uncontested distinction of being the narrowest house in Boston." According to the executive director of the Boston Landmarks Commission, "In a city where there are many narrow lots, this far exceeds the norm. ... As far as we know, it is the narrowest house in Boston." According to local legend, it was built as a spite house.

The Virginia Park Historic District is located on the north side of New Center, an area in Detroit, Michigan, along both sides of Virginia Park Street from Woodward Avenue to the John C. Lodge Freeway access road. The district was listed on the National Register of Historic Places in 1982.

A fence viewer is a town or city official who administers fence laws by inspecting new fences and settles disputes arising from trespass by livestock that had escaped enclosure.

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.

The legality of recording by civilians refers to laws regarding the recording of other persons and property by civilians through the means of still photography, videography, and audio recording in various locations. Although it is common for the recording of public property, persons within the public domain, and of private property visible or audible from the public domain to be legal, laws have been passed restricting such activity in order to protect the privacy of others, often at the expense of those who seek to invade others' privacy. The laws governing still photography may be vastly different from the laws governing any type of motion picture photography.

Lake Silver, formerly known as Lake W (銀峰·湖泊) is a private housing estate developed by MTR Corporation and Sino Land. It is located in Ma On Shan, Hong Kong between Wu Kai Sha station and Monte Vista, another housing development. The whole project covers an area of 370,000 square feet (34,000 m²), and was completed in 2009. Lake Silver comprises a shopping centre with flats above.

A holdout is a property that did not become part of a larger real estate development, usually because the owner refused to sell their property. There are many examples of holdouts worldwide.

In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. In order for a structure to be considered part of the real property, it must be integrated with or affixed to the land. Examples include crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property.

Mountain View Auto Court is a complex of motel buildings in southwestern Ogden, Utah, that is listed on the National Register of Historic Places.

The Lake Placid Tower in Lake Placid, Florida, formerly named Placid Tower, Tower of Peace or Happiness Tower, is a closed observation tower 240 feet (73.2 m) tall according to early sources or 270 feet (82.3 m) tall according to late sources. However, no physical modification of the tower occurred in the interim that would explain a 30-foot increase in height.

References

1 2 Cockayne, Emily (2012). Cheek by Jowl: A History of Neighbours. Random House. p. 111. ISBN 9781409027737.
↑ Sundowner, Inc. v. King, 95 Idaho 367, 368, 509 P.2d 785, 786 (1973)
↑ Sundowner, Inc. v. King, 95 Idaho, 509 P.2d (1973)
↑ https://www.finlex.fi/fi/laki/ajantasa/1920/19200026
↑ "The Spite Fence". Panorama of San Francisco. The Royal Borough of Kingston upon Thames. Archived from the original on 27 September 2007. Retrieved 26 March 2008.
↑ "Archive – City Views of San Francisco" . Retrieved 26 March 2008. The spite fence appears near the Charles Crocker Mansion and the Gen. David Colton/Collis Huntington Mansion on California Street. It looks much like a building in its own right. (There are two panoramic photos on this page. The second photo contains arrows pointing to streets and other features, including one arrow that points to the spite fence. You have to scroll to the right to see the entire photo. In the first photo, the one without arrows, the spite fence is about one-eighth the way into the photo from the left edge. In the second photo, the one with arrows, the spite fence is about three-quarters the way in.)
↑ Westcott, Rich (2012). Shibe Park-Connie Mack Stadium. Charleston, SC: Arcadia Publishing. ISBN 978-0-7385-7653-4. Retrieved 2017-04-26.
1 2 Kuklick, Bruce (1991). To Every Thing A Season: Shibe Park and Urban Philadelphia. Princeton, New Jersey: Princeton University Press. ISBN 0-691-04788-X.
↑ "Farmer sends message to neighbors with car fence". Fox News. 5 August 2008. Archived from the original on 20 August 2008.
↑ "Shepton Mallet: Leg Square (C) Martin Bodman :: Geograph Britain and Ireland". Geograph.org.uk. Retrieved 17 April 2017.
↑ "22 Gloucester Road - spite wall". Thornburyroots.co.uk. Retrieved 17 April 2017.