Can My Neighbor Really Build That? Hostile Neighbors and “Spite Fences”
Even if you’ve made every effort to be a good neighbor, you may find yourself caught in a dispute you didn’t see coming. A disagreement over a late-night backyard party, a disputed property line, or an unapproved fence repair can quickly escalate, leading to long-term friction between neighbors. If you’ve found yourself at odds with a neighbor and they respond by building an unusually tall fence, planting a row of trees to block your view, or making some other change that feels retaliatory, you might be wondering, “Is there anything I can do?” In Washington State, the answer is sometimes yes. Under certain conditions, the law may offer protections against structures built out of hostility, commonly referred to as “spite fences.”
What Is a “Spite Fence”?
In Washington, the term “spite fence” refers broadly to any structure – such as a fence, wall, or line of trees – intentionally built to spite, injure, or annoy a neighbor. Under state law (RCW 7.40.030), courts have the authority to order the removal of such structures when they’re shown to be motivated by malice rather than for a legitimate purpose. However, proving spite can be challenging. A structure that is merely annoying, poorly planned, or inconsiderate usually isn’t enough—the key is demonstrating that it was built purposely to annoy.
How Do Courts Determine Whether a Structure Is a Spite Fence?
To determine whether you are dealing with a spite fence, a court will examine the context surrounding the construction. Here are some common red flags:
- The structure was built shortly after a dispute
- It is significantly taller or more obstructive than usual
- It is placed in a way that serves no clear privacy or safety function
- The materials used are intentionally harsh or unsightly
- The neighbor has made comments suggesting the fence was built to get back at you
In short, if your neighbor is clearly hostile, and the structure is harmful to you and not beneficial to them, you may have a good case for a spite fence.
What Legal Options Do You Have?
If you believe a neighbor has built a spite fence, you may be able to pursue a civil injunction in a Washington Superior Court. This type of court order can require your neighbor to remove or modify the structure. These cases often involve nuisance claims as well. If the structure blocks light, air, access, or a view you previously enjoyed, the impact on your property value or daily comfort may help support your claim.
Steps to Take if You Suspect a Spite Fence
Before heading to court, there are a few practical steps you should take:
- Document everything. Take photos of the structure and write down the circumstances of its construction, including all conflicts with your neighbor.
- Talk to your neighbor (if safe to do so). A respectful conversation may help you resolve the situation informally. Alternatively, it may give you more evidence of their bad intentions.
- Consult an attorney. Nick Gross or the real estate attorneys at Beresford Booth can assess your case, help try to resolve it outside the court system, and bring litigation, if necessary.
To learn more about Washington’s Spite Fence Laws, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.
