...require the Handleys to remove the trees. Plaintiffs relied in part on California's spite fence statute (Civ. Code, § 841.4), which declares that any "fence or other structure in the nature of a fence...his estate by such nuisance may enforce the remedies against its continuance prescribed in Title 3, Part 3, Division 4 of this Code." (Civ. Code, § 841.4; hereafter section 841.4 or the spite fence statute.) ...meaning of the spite fence statute. The trial court concluded that, "at least when they grow naturally and are not pruned or trimmed," a row of trees is not within the scope of the spite fence ...

...arborvitae trees on his Charlestown property solely to exact revenge against her, to retaliate by blocking her view, and in violation of the spite fence statute, G.L. 1956 § 34-10-20...authority to award injunctive relief based on the holding of Musumeci as well as the specific language of the spite fence statute, which states that one "may have an action to recover damages for...authority based on his well-supported finding that the four trees constituted nothing more than a fence erected out of spite. The trial justice found a violation of the spite fence ...

...constructed home. The Superior Court (York County, Fritzsche, J.) found that O'Leary had created a nuisance pursuant to Maine's spite fence statute, 17 M.R.S. § 2801 (2010...O'Leary's plantings constituted a private nuisance pursuant to the spite fence statute, 17 M.R.S. § 2801, and pursuant to the common law. The Peterses sought declaratory and injunctive relief. O'Leary...constituted a private nuisance pursuant to the spite fence statute, 17 M.R.S. § 2801, and at common law. The court found that, although the wall of vegetation increased O'Leary's privacy, “the dominant...

...of trees along Waterway and elsewhere on their property that grew to block the deRaismeses' view of Narragansett Bay. Calling those trees a "spite fence" that creates a private nuisance, the deRaismeses filed this action to seek a c.... The deRaismeses filed this action in 2007, alleging causes of action for a private nuisance under Rhode Island's Spite Fence Statute, R.I. Gen. Laws § 34-10-20, and prima..."adjoining" as a matter of law as required by the Rhode Island Spite Fence Statute. The hearing justice treated that motion to dismiss as a motion for...

...raise two issues on appeal, which we re-order and restate as follows: I. Whether the trial court erred in applying the "spite fence" statute because David and..., Douglas and Susan filed a complaint, alleging that the fence violated the Indiana "spite fence" statute. Appendix at 19. A bench trial was...review to the trial court's order that they remove their fence. Discussion and Decision I. Spite Fence Statute David and...

.... ¶ 20. This “spite-fence” statute was first enacted in 1886 and has remained in substantially the same form since that time. P. Gillies, Ruminations: A Legal Fence, Vt. B...obstructing his view, the fence qualified as a spite fence under either standard. Id. A. Dominant-purpose test versus sole-purpose test ¶ 21. This case calls upon us to answer t...states have adopted the “dominant-purpose test” for determining whether the intent element of a spite-fence statute is satisfied. Under this test, “the pertinent question is whether the [defendants...

..."spite fence" statute, Indiana Code Section 32-26-10-1 to -2, and that the Gertzes' use of the cameras and public address system were a nuisance. Id. at 619. After a bench trial, the trial court...contacting, harassing, or annoying each other. The Gertzes appealed the trial court's order, arguing that: (1) the trial court erred by applying the "spite fence" statute because they had obtained a local...court's denial of their petition to modify a judgment requiring them to remove a "spite fence" near the property line between their property and the property of Douglas and Susan Estes (the "Esteses"). We...

.... RCW 7.40.030, the spite fence statute, is a constitutional exercise of the state's police power when applied to restrain the erection of a fence or other structure or to abate an existing structure.... [3] Adjoining Landowners — Spite Fence — Useful Purpose — Determination. Whether or not a structure serves a really useful or reasonable purpose, for purpose of the spite fence ...fencing not only would amount to a nuisance but also would violate RCW 7.40.030, the "spite fence" statute. The Baillargeons also claimed a prescriptive right to the boundary line area and asserted that...

...obstructing their view or depriving them of light or air. A person who violates a provision of this section shall be fined not more than $100.00. ¶ 20. This "spite-fence" statute was...supported the conclusion that the sole purpose of the fence was to annoy the neighbor by obstructing his view, the fence qualified as a spite fence under either standard. Id . ...the intent element of a spite-fence statute is satisfied. Under this test, "the pertinent question is whether the [defendants'] dominant purpose . . . was to annoy the plaintiffs." Wilson v...

...-English's installation of trees on the parties' boundary line constituted a nuisance pursuant to both Maine's spite fence statute, 17 M.R.S. § 2801 (2018.... Gagne, 2019 ME 7, ¶ 30, 199 A.3d 1179. "For purposes of the [spite fence] statute, a plaintiff need not prov...that provocation constitutes some manner of affirmative defense to the malicious construction of a spite fence. Dissenting Opinion ¶¶ 20, 22. No authority is cited for this proposition because none exists. The spite ...

.... B. Spite Fence Statute [¶ 13] The Rices next argue that the court erred in its factual findings that the Rices' fences were “unnecessarily high..., ¶ 15, 30 A.3d 825. [¶ 14] Spite fence jurisprudence is sparse but long-standing. “[I]t is plain that the right to use one's property for the sole purpose of i...M.R.S. § 2801, the spite fence statute, deems “[a]ny fence or other structure in the nature of a fence, unnecessarily exceeding 6 feet in height...

.... Shepard, 22 R.I. 112, 46 A. 402 (1900)). However, if the obstruction to light and air qualifies as a spite fence, there is an exception to this general rule. See id.; see also Dowdell v. Bloomquist, ...those who fall victim to "a fence or other structure" that was "maliciously erected." G.L. 1956 § 34-10-20. The spite fence statute, or § 34-10-20, provides as follows...constituted a spite fence in violation of the statute. Id. at 830-31. In that case, the parties lived on adjoining lots in a subdivision in Charlestown. Id. at 828-29. The plaintiff‘s...

...created a nuisance pursuant to Maine's spite fence statute, 17 M.R.S. § 2801 (2010), and the common law, and granted injunctive relief to the...had created a spite fence nuisance. The statute provides: Any fence or other structure in the nature...O'Leary's plantings constituted a private nuisance pursuant to the spite fence statute, 17 M.R.S. § 2801, and pursuant to the common law. The Peterses sought declaratory and injunctive relief. O'Leary...

..., 16 A.3d 137. B. Spite Fence Statute [¶ 13] The Rices next argue that the..., 2011 ME 106, ¶ 15, 30 A.3d 825. [¶ 14] Spite fence jurisprudence is sparse but long-standing. “[I]t is plain that the right to use one's...M.R.S. § 2801, the spite fence statute, deems “[a]ny fence or other structure in the nature of a fence...

...a cause of action for private nuisance based on California's "spite fence" statute, Civil Code section 841.4, and based on ordinary nuisance.... All statutory references are to the Civil Code unless otherwise noted. In the special verdict form under the rubric of "Spite ...a "spite fence theory" and thus were entitled to damages and injunctive relief. As we explain, our interpretation of California's spite fence statute leads us to conclude (i) a...

...structure under that state's spite fence statute. In Wilson v. Handley..., the California Court of Appeal applied a definition of “structure” as “ ‘something arranged in a definite pattern of organization’ ” to conclude that California's spite ...’ ” prohibited by that state's spite fence statute. Because...

...Spite Fences The Wolfsons accused the Gevorgians of maintaining a spite fence under both state and municipal law. We begin by discussing the background of these laws. 1. Stat...Nov. 21, 2023].) Beginning in the late 19th century, jurisdictions began enacting spite fence statutes declaring unnecessarily high fences built to spite one's neighbor to be private nuisances. ...defines a spite fence as "[a]ny fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adj...

...function as a fence for purposes of the spite fence statute. (See Wilson v. Handley (2002) 97 C.A.4th 1301, 1305 [row of trees planted...8-foot height . . . did not constitute willful and malicious conduct[,]" and it also found that appellant's "maintenance of the [same] hedge and dombeya tree constituted a spite fence." Collectively, these findings may appear ambigu...'] property had a right to enjoy when it was purchased."          Appellant challenges the court's application of the spite fence statute to...

.... B. Spite Fence Statute The Rices ..., 30 A.3d 825. [¶14] Spite fence jurisprudence is sparse but long-standing. "[I]t is plain that the right to use one's property for the sole purpose of injurin...spite fence statute, deems "[a]ny fence or other structure in the nature of a fence, unnecessarily exceeding 6 feet in height, maliciously kept and maintained for the purpose of annoying the owners...

...directed verdict because a private nuisance cannot exist based merely on appearance. Price further argues the court improperly relied on the spite fence statute, Wis. Stat. § 844.10...plead a claim under the spite fence statute, Wis. Stat. § 844.10, and that the retaining wall did not satisfy the statutory definition. Because...(1900), the court upheld a landowner's right to erect a useless and unsightly sixteen-foot spite fence. However...