It’s common for next-door neighbors to have a wall, fence or row of hedges separating their properties. These provide privacy and separation that are important to peaceful coexistence – particularly when the properties are very close to one another.
Washington state law, however, prohibits property owners from “malicious erection” of a structure that is intended to spite, injure or annoy an adjoining proprietor.” A commonly used term for one of these structures is a “spite fence.”
So how can a homeowner determine that their neighbor acted maliciously when building or installing a fence, wall or other structure? One or more factors could make the property divider illegal.
The height, placement and design
A “spite fence” may be unnecessarily high or thick and obstruct the neighboring residents’ view of surrounding scenery, like mountains or waterways. It may just obstruct the ability to see other homes and properties in the neighborhood, like a neighborhood park or duck pond. A very high wall can even interfere with the amount of sunlight the neighboring property gets.
A key determining factor is whether the size and design of the fence serve any legitimate purpose, like keeping a dog within the yard or giving homeowners some privacy when they’re outside.
The property owner’s behavior
A spite fence, under the law, involves malicious intent. Often, that follows some kind of conflict between the neighbors. Maybe one neighbor has complained about noise, children or animals playing or cigarette smoke in the adjoining yard. If the response is for one of the homeowners to install a large, unattractive wall, that could be illegal. Many spite fences are also in violation of homeowners’ association (HOA) regulations.
Whether you believe your neighbor has installed a spite fence or you’re the one being accused of doing so, it’s smart to get experienced legal guidance to protect your rights – including the right to enjoy the property you own.